Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.539 of 1989 ***** Against the judgment of conviction and order of sentence dated 26th of September, 1989 passed by Shri Chandra Shekhar Lal, the learned Sessions Judge, Vaishali at Hajipur in Sessions Trial Case No. 145 of 1988. ***** =========================================================== Ram Jatan Das @ Jatan Das, Son of Late Etwari Das, Resident of Village-Diwan Tok, P.S.-Ganga Bridge, District-Vaishali. .... .... Appellant. Versus The State of Biahr .... .... Respondent. =========================================================== Appearance : For the Appellant : Mr. Ved Prakash, Advocate. For the Respondent : Ms. Shashi Bala Verma, APP. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) Date: 29-03-2012 Appellant Ram Jatan Das @ Jatan Das has been convicted by the learned Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 145 of 1988 vide judgment dated 26.09.189 under [STATUTE] and sentenced him to undergo rigorous imprisonment for life and further sentenced to undergo rigorous imprisonment for one year under [STATUTE] and six Patna High Court CR. APP (DB) No.539 of 1989 dt.29-03-2012 2 months rigorous imprisonment under [STATUTE] . All the sentences were directed to run concurrently. 2. According to the fardbeyan (Ext.4) on 21.05.1986 at about 4.00 p.m. accused Ram Jatan Das @ Jatan Das and Bijoy Das were digging soil from the Sahan of the informant and they were putting that soil in front of the door of their house in order to raise the level. Deceased Ganga Rai protested the carrying away of the soil from his land which led to altercation and exchange of abuses. Thereafter, the accused persons went to their house which was just by the side of the house of the deceased and after a short time, all the accused persons along with others having Bhala, Lathi etc. came. Allegation is that accused Ram Jatan Das @ Jatan Das and Bijoy Das were having Bhala, they pierced the Bhala to deceased Ganga Rai on his lips, chest and back. The deceased fell down and on account of Patna High Court CR. APP (DB) No.539 of 1989 dt.29-03-2012 3 impact of Bhala he met instantaneous death. Son of the deceased Suresh Rai came to rescue of his father but he also received Bhala injury by Ram Jatan Das @ Jatan Das and Bijoy Das and so he also become unconscious. The occurrence was witnessed by Birajan Rai, Ramraja Rai, Ramyad Rai, Ram Pravesh Rai and Shatrughan Rai. After registration of the formal First Information Report vide Raghopur P.S. Case No. 31 of 1986. The investigation was carried on and after investigation charge sheet was submitted. Cognizance was taken and the case was committed to the court of Sessions where the charges were explained to the accused persons and they pleaded their innocence so the trial proceeded. 3. The defence of the accused person was of false implication. 4. Before the trial court the prosecution examined seven witnesses. They are P.W.1 Birjan Rai, P.W.2 Ram Pravesh Rai, P.W.3 Nand Lal Rai, P.W.4 Suresh Rai, Patna High Court CR. APP (DB) No.539 of 1989 dt.29-03-2012 4 P.W.5 Ramyad Rai, P.W.6 Dr. Kaushal Kumar Sinha and P.W.7 Binda Tiwary. The investigation officer was not examined. No defence witness was examined though on behalf of defence Raghopur P.S. Case No. 32 of 1986, carbon copy of injury report of Ram Jatan Das @ Jatan Das dated 21.05.1986 were formally exhibited as (Exts. A and B). 5. The trial court after considering the evidence found the appellant guilty whereas other three persons Ram Ishwar Das, Gonor Das and Nanhku Das were also put on trial along with the appellant, they were not found guilty and they were acquitted. 6. This Court is required to see as to whether the prosecution has proved the charges against the appellant beyond shadow of all reasonable doubts or not. 7. The informant of the case is P.W.3 and he is an injured witness. In his deposition he has stated that deceased Ganga Rai was his elder brother. House of Patna High Court CR. APP (DB) No.539 of 1989 dt.29-03-2012 5 accused Ram Jatan Das @ Jatan Das was one Lagga east of the informant’s house. The houses were in diyara of Gandak river. The informant’s house was at elevated portion of land during rainy season the river’s water was coming up to the house. The occurrence was of two to three years earlier on a Wednesday when the informant was at his house at 4.00 p.m. Ram Jatan Das @ Jatan Das and Bijoy Das were cutting the earth of the informant which was protested by the informant’s son Suresh Rai P.W.4 and Ganga Rai the deceased. Both sides had altercation and scuffle. Ram Jatan Das @ Jatan Das and Bijoy Das returned to their houses and, thereafter, came with Bhala. Ram Jatan Das @ Jatan Das and Bijoy Das gave a Bhala blow on Ganga Rai. Both the Bhala blows were upon the chest and other parts of the body. Suresh Rai was also assaulted by Ram Jatan Das @ Jatan Das and Bijoy Das which caused injury upon his left wrist and left hand. The informant was assaulted by Bhala by Patna High Court CR. APP (DB) No.539 of 1989 dt.29-03-2012 6 Ram Jatan Das @ Jatan Das. On account of impact of Bhala, Ganga Rai fell down and died. Though, this witness has not been examined with regard to manner of assault but more or less he has supported the prosecution case in his cross-examination and his version that there was scuffle earlier and, thereafter, the accused persons returned to their houses and came back with Bhala and the informant’s brother and son were assaulted. P.W.1 Birjan Rai has seen the altercation and, thereafter, Ram Jatan Das @ Jatan Das and Bijoy Das have returned to their houses and they came out with Bhala and both gave Bhala blows which caused injury to Ganga Rai who died o

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.