Case Facts:
Patna High Court CR. APP (DB) No.372 of 2005 dt.01-08-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.372 of 2005 ------ Against the judgment of conviction dated 21.04.2005 and order of sentence dated 26.04. 2005 passed by Sri Om Prakash Sinha,Additional Sessions Judge, Fast Track Court No.V, Munger in Sessions Case No. 336 of 1995 =============================================== Shivnandan Singh son of Late Nakul Singh, resident of village Baijalpur, P.S.Tarapur, District Munger .... .... Appellant/s Versus The State Of Bihar .... .... Respondent/s =============================================== Appearance : For the Appellant/s : M/s Bamdeo Pandey and Diwakar Pd.Karn,Advocates For the Respondent/s:Mr.Ashwini Kumar Sinha,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: 01-08-2012 ------- The sole appellant Shivnandan Singh has challenged the judgment of conviction dated 21.04.2005 and order of sentence dated 26.04.2005 passed by Additional Sessions Judge, Fast Track Court No.V, Munger in Sessions Case No.336 of l995 whereby the appellant has been held guilty under [STATUTE] and 27 of the Arms Act and has been convicted thereunder and has Patna High Court CR. APP (DB) No.372 of 2005 dt.01-08-2012 2 been sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs.5000/- and in default of payment of fine to undergo rigorous imprisonment for six months under [STATUTE] and has further been sentenced to undergo rigorous imprisonment for three years under Section 27 of the Arms Act. Both the sentences were ordered to run concurrently. 2. Fardbeyan (Ext.1) of Mahesh Prasad Singh (P.W.1) was recorded at his house by ASI Barhama Singh on 30th January, 1994 at 3.50 A.M to the effect that on preceding night at about 7-8 P.M. quarrel ensued between Ramsewak Singh (P.W.2) and Shivnandan Singh (the appellant) for Bathan of cattle. Both tried to overpower each other for assaulting and on hearing hulla several villagers assembled there and tried to intervene and pacify. In the meanwhile, the informant and his younger brother Niranjan Singh arrived there and on seeing them, Shivnandan Singh fired from his country made gun which caused injury upon the right chest of Niranjan Singh. The injured was being carried to Patna High Court CR. APP (DB) No.372 of 2005 dt.01-08-2012 3 Hospital for treatment on a cot but as soon as reached at a distance of half kilometer the injured Niranjan Singh succumbed to his injury. The motive of the occurrence as stated in the fardbeyan is that Niranjan Singh used to do the work of Ramsewak Singh and he also used to milk his cattle which was not being liked by Shivnandan Singh and on account of that Niranjan Singh was fired upon and killed. The fardbeyan resulted in a formal F.I.R. of Tarapur P.S.Case No. 13 of 1994. The investigation proceeded and in course of investigation, the inquest report of dead body (Ext.2) was prepared and post mortem report (Ext.3) was also obtained. The statements of the witnesses under Section 161 of the Code of Criminal Procedure was recorded, the place of occurrence was inspected and after completion of investigation, chargesheet was submitted. Thereafter the case was committed to the court of session where charges under [STATUTE] and 27 of the Arms Act were framed and explained to the accused to which he pleaded innocence. Hence trial proceeded. Patna High Court CR. APP (DB) No.372 of 2005 dt.01-08-2012 4 3. The defence of the accused was of false implication and also that he had no intention to cause death of Niranjan Singh. 4. In order to substantiate its case the prosecution examined five witnesses. They are : P.W.1 Mahesh Prasad Singh who is informant of the case, P.W.2 Ramsewak Singh, P.W.3 Basuki Singh, P.W.4 Promod Singh and P.W.5 Dr. Anuj Prasad Singh who held autopsy over the dead body of the deceased. 5. The trial court after hearing learned counsel for the parties and after analyzing the evidences on records came to the conclusion that the prosecution has succeeded in proving that on the date of occurrence, the fatal shot given by Shivnandan Singh caused death of Niaranjan Singh and held the appellant guilty under [STATUTE] and 27 of the Arms Act and accordingly order of conviction and sentence was passed, as stated above. 6. This Court is required to reappraise the evidences on record and to see as to whether the Patna High Court CR. APP (DB) No.372 of 2005 dt.01-08-2012 5 judgment passed by the trial court is based upon the evidence or not. 7. First of all, we would like to discuss the evidence of the doctor who is P.W.5 Dr.Arjun Prasad Singh. On 30.01.1994 this witness was posted as Medical Officer at Sadar Hospital, Munger and on that date, he conducted post mortem over the dead body of deceased Niranjan Singh and has found following injury: “ one lacerated oval wound 1”x ½” into abdominal cavity deep on right mid auxiliary line in the nineth enter coastal space. Margin of wound inverted. Margin blackened.” On dissection, the doctor found liver lacerated and perforated through and through. Stomach lacerated and perforated through and through. One bullet found lodged in left side chest wall in mid auxiliary line near tenth rib. Abdominal cavity found full of blood and clot. Right chest cavity contained blood and clot. The firing was made from the distance of about 4 feet. Patna High Court CR. APP (DB) No.372 of 2005 dt.01-08-2012 6 The death, in the opinion of the doctor, was due to shock and haemorrhage as a result of aforesaid injury. The time elapsed since death was 12 to 24 hours. Doctor’s evidence has conclusively proved that Niranjan Singh has died on account of bullet injury received by him. Therefore, the prosec

Applicable IPC Section: 304

Statute Text:
Section 304 of the Indian Penal Code. Culpable homicide not amounting to murder, If act by which the death is caused is done with intention of causing death, etc. Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.