Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.180 of 1990 =========================================================== 1. Brinda Kazi, son of Saheb Kazi 2. Shashikant Kazi, son of Bihari Kazi 3. Subash Kazi, son of Saheb Kazi All resident of village Belsandi, P.S. Gaunaha, District West Champaran .... .... Appellants Versus The State of Bihar .... .... Respondent =========================================================== Appearance : For the Appellant/s : Mr. Bashishtha Nr. Mishra Mr. S.N.Rai & Mr. B.K.Mishra For the Respondent/s : Mrs. Shashi Bala Verma, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA and HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI) Date: 06-07-2012 The appellants Shashikant Kaji and Brinda Kaji, who have been found guilty for an offence punishable under [STATUTE] , the appellant Subhash Kaji, who has been found guilty for an offence punishable under [STATUTE] and further been directed to undergo R.I. for life so far the appellants Shashikant Kaji and Brinda Kaji are concerned and R.I. for six months so far the appellant Subhash Kaji is concerned vide judgment dated 9.4.1990 delivered by the 4th Addl. Sessions Judge, West Champaran at Bettiah being S.Tr.No. 134/1994, have challenged the verdict by filing the instant appeal. 2. The factual matrix of the case would be summarized Patna High Court CR. APP (DB) No.180 of 1990 dt.06-07-2012 2 as follows: 3. Rama Kaji (P.W.4) gave his Fard Beyan (Ext. 1/1) alleging, inter alia, that he has got Khalihan about 200-300 yards west to his village and Gairmajarua land having an area of 4-5 decimals adjacent thereto which happens to be in their possession. For keeping bundle of straw thereupon, on last Friday he alongwith his brother Anirudh Kaji and Sahatam Kaji had fenced which was uprooted by Brinda Kaji on the same day at about 12 noon in the background of the fact that he had also canvassed his claim over the same. At about 4 P.M. Sahatam and Anirudh came and again indulged in fencing. At that very time he returned back to his house for milking the cow. After milking the cow while he was on his way he saw Brinda Kaji, Subhash Kaji, Shashikant Kaji, Bihari Kaji having lathi in their hand proceeding towards their house. When he reached at the place, he found his brother Anirudh and Sahatam in injured condition lying on the ground. On query made by him both of them have disclosed that Brinda Kaji, Subhash Kaji, Shashikant Kaji and Bihari Kaji armed with lathi came, ransacked the fence and on intervention by them, Brinda Kaji and Bihari Kaji assaulted Shashikant Kaji while Subhash Kaji and Shashikant Kaji assaulted Anirudh Kaji. Then thereafter both injured were taken to their house. As the night has fallen, hence they were not taken to hospital. However, some local treatment was Patna High Court CR. APP (DB) No.180 of 1990 dt.06-07-2012 3 provided to them as well as bandage was put over the head of Anirudh after cutting the hair around the wound. The condition of his brither Anirudh began to deteriorate from 3-4 A.M. Anyhow he was lifted to hospital but in the midst thereof he died. Radha Sah, Ramesh Mahto, Chokat Mahto alongwith others have cited as an eye witness. 4. On the basis of the aforesaid Fard Beyan, Gaunaha P.S.Case No. 4/1979 was registered under [STATUTE] and then thereafter investigation was taken up and after concluding the same charge sheet was submitted followed with taking of cognizance. As the offences happens to be exclusively triable by the court of Sessions consequent thereupon the case was committed, tried, concluded in a manner and happens to be the subject matter of the instant appeal. 5. The defence case as is evident from the mode of cross-examination as well as from the suggestion coupled with the statement recorded under section 314 Cr.P.C. is of innocence as well as false implication. 6. By examining D.W.1, the Sarpanch of the locality, a plea has been advanced that Marpit was taken place in between the family members wherein the deceased Anirudh Kaji had sustained injury on account of which he had rushed to Sarpanch (D.W.1) where he made complaint and as the accused persons happens to be on Patna High Court CR. APP (DB) No.180 of 1990 dt.06-07-2012 4 inimical term, hence subsequently their family members got them informed about the occurrence. 7. While assailing the judgment of conviction and sentence it has been submitted on behalf of the appellants that the prosecution case suffers from exaggeration contradiction to infirmities and on account thereof the finding recorded by the learned lower court is not at all substantiated from the materials available on record. He has then submitted that one of the injured Sahatam Kaji has not been examined. The prosecution has not explained the event recording his non-examination. In likewise manner it has been further submitted that the witnesses, who have claimed themselves to be an eye witness to the occurrence, have virtually gave different version of the manner of occurrence than that of as flashed by the informant in the Fard Beyan. Therefore, the inconsistency amongst the evidence of P.Ws. with regard to the manner of occurrence is suggestive of the fact that the prosecution has not come with clean hand as well as has unsuccessfully tried to conceal the real manner as well as genesis of occurrence. It has further been submitted that from the Fard Beyan as well as from the evidence of the informant Rama Kaji, who has been examined as P.W.4, he happens to be that of hearsay. That category of witness has also not been proved because of the fact that Anirudh is dead and Sahatam has not been examined. The aforesaid statement Patna High Court CR. APP (DB) No.180 of 1990 dt.06-07-2012 5 also cannot read with the aid of sectio

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.