Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.128 of 2005 ======================================================= This appeal is directed against the judgment of conviction and order of sentence dated 24th and 27th January, 2005 passed in Sessions Trial No. 189 of 1994 / 110 of 2002 by Sri Sunil Kumar Panwar, 3rd Additional Sessions Judge, Sitamarhi. ======================================================= 1. Nand Lal Mahto son of Late Hanuman Mahto 2. Ram Lal Mahto son of Late Hanuman Mahto 3. Sukhari Mahto son of Late Hanuman Mahto 4. Mahendra mahto son of Late Lakshuman Mahto 5. Rajendra Mahto Son of Late Lakshuman Mahto 6. Niras Mahto Son of Late Mangar Mahto All resident of villag- Akhta, P.S.- Bairgania, District- Sitamarhi .... .... Appellant/s Versus State Of Bihar…………………………………………..... .... Respondent/s ======================================================= Appearance : For the Appellant/s : Mr. Prasoon Sinha, Advocate Mr. Dilip Kumar, Advocate 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: 25-09-2012 Above named appellants have preferred the instant appeal against the judgment of conviction and order of sentence dated 24th and 27th January, 2005 respectively passed in Sessions Trial No. 189 of 1994 / 110 of 2002 by the learned 3rd Additional Sessions Judge, Sitamarhi whereby the appellants have been convicted under [STATUTE] and were sentenced to undergo rigorous imprisonment for life. 2. The Sessions Trial has arisen out of Barginia P.S. Case No. 102 of 1993 instituted on the basis of fard-beyan of informant Jyoti Narayan Mishra recorded by the Assistant Sub-Inspector of Barginia Police Patna High Court CR. APP (DB) No.128 of 2005 dt.25-09-2012 2 Station at 9.00 AM at Primary Health Centre, Bairginia against 9 named accused persons. Jyoti Narayan Mishra (PW 6) in his fard-beyan (not exhibited) claimed that his cousin Lal Babu Mishra (deceased) son of Surendra Mishra (PW 5) was putting sugarcane upon a tyre cart. Villagers Nand Lal Mahto, Sukhari Mahto, Ram Lal Mahto, Niras Mahto, Niranjan Mahto, Hanuman Mahto, Lakshuman Mahto and two sons of Lakshuman Mahto came. Two sons of Lakshuman Mahto were having Farsa and rest were having lathi. On the instigation of Lakshuman Mahto, his one son gave farsa blow upon the head of Lal Babu Mishra and his second son gave farsa blow upon the left leg beneath knee. After the injured fell down, then he was assaulted by lathi by others. On cry, the villagers including the persons working in the nearby field including Sheikh Amirul and many others came and witnessed the occurrence. The injured was carried to hospital where he was unconscious. Initially the case was registered under [STATUTE] and the investigation was carried into. During investigation injured died, so [STATUTE] was added. The fard-beyan has been witnessed by Govind Mishra (PW 1) (Ext. 1/6) and Kaushal Kishore Jha (PW 4) (Ext. ¼). Signature of the informant on the fard-beyan was exhibited as Ext. 1/5. After investigation chargesheet against eight accused persons, namely, Nand Lal Mahto, Niranjan Mahto, Sukhari Mhato, Hanuman Mahto, Ram Lal Mahto, Narendra Mahto, Rajendra Mahto and Hanuman Mahto was submitted. Accordingly, cognizance was taken and the case was committed to the Court of Sessions where charge under [STATUTE] was explained to all the accused persons. Patna High Court CR. APP (DB) No.128 of 2005 dt.25-09-2012 3 3. In course of trial, Niranjan Mahto and Hanuman Mahto died, so the trial proceeded against remaining six accused persons who are appellant here. 4. Before the trial court, the prosecution examined Govind Mishra cousin of the deceased (PW 1), Sheikh Nirul (PW 2), Sheikh Amirul @ Nurul (PW 3) both neighbours of the deceased, Kaushal Kishore Jha maternal brother of the deceased (PW 4), Surendra Mishra the father of the deceased (PW 5), Jyoti Narain Mishra the informant (PW 6) and Dr. Krishna Chandra Mishra (PW 8) who conducted autopsy of the dead body of the deceased and prepared the post mortem report (Ext. 2). 5. Defence has examined Nagendra Singh and Bharat Prasad as DW 1 and DW 2 respectively. 6. The document exhibited by the parties are: (Ext. 1) the signature of PW 1 on inquest report, (Ext. 1/1) the signature of Surendra Mishra on inquest report which has been proved by PW 1, (Ext. ½) the signature of PW 1 on seizure list identified by PW 1, (Ext. 1/3) the signature of Jyoti Narayan Mishra on seizure list identified by PW 1, (Ext. 3) the injury report prepared by the doctor of Primary Health Centre, Bairginia which was exhibited on the petition of the prosecution under section 294 of the Cr.P.C. with objection. The complaint petition filed before the C.J.M. against Lal Babu Mishra by Pramila Devi has been exhibited as Ext. A. Thumb impression of Pramila Devi on complaint petition is Ext. B. Thumb impression of Pramila Devi on protest petition as Ext. C, order Sheet of Complaint Case No. C-1/653 of 1993 filed by Pramila Devi Ext. E and petition dated 18.12.1993 is Ext. F. Patna High Court CR. APP (DB) No.128 of 2005 dt.25-09-2012 4 7. The Trial Court after considering the evidence found the appellants guilty against which the instant appeal has been preferred. Now this Court is to re-appreciate the evidence and see as to whether the prosecution has succeeded in proving the charge against the accused beyond the shadow of all reasonable doubts or not. 8. The doctor (PW 8) has held post mortem examination on the dead body of Lal Babu Mishra Son of Surendra Mishra on 18.12.1993 at 3.10 P.M. and has found following ante mortem injuries: (a) External injuries:- (i) lacerated wound 1 ½” x ½” x scalp deep

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.