Case Facts:
Patna High Court CR. APP (DB) No.655 of 2005 dt.09-08-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.655 of 2005 ------- Against the judgment of conviction and order of sentence dated 16.09.2005 passed by Sri Rabindra Mani Tripathi, Additional Sessions Judge, Fast Track Court No.V, Darbhanga in Sessions Trial No. 198 of 2001 =============================================== 1. Sukhadeo Chaupal son of Late Anup Chaupal 2. Ganaur Chaupal son of Sri Sarup Chaupal Both are residents of village Sakhwar, P.S.Manigachi, District Darbhanga .... .... Appellants Versus The State Of Bihar .... .... Respondent =============================================== Appearance : For the Appellants : M/s Ajay Kumar Thakur and Nilesh Kumar, Advocates For the Respondent :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: 09-08-2012 ------ Both the appellants namely, Sukhadeo Chaupal and Ganuar Chaupal have impugned the judgment of conviction and order of sentence dated 16.09.2005 passed by Additional Sessions Judge, Fast Track Court No.V, Darbhanga in Sessions Trial No. 198 of 2001 holding appellant Ganaur Chaupal guilty under Section 302 of the Patna High Court CR. APP (DB) No.655 of 2005 dt.09-08-2012 2 Indian Penal Code and sentencing him to undergo rigorous imprisonment for life and fine of Rs.10,000/- and in default in payment of fine to undergo simple imprisonment for one year whereas another appellant Sukhadeo Chaupal after being held guilty under [STATUTE] was ordered to undergo rigorous imprisonment for five years and fine of Rs.5,000/- and in default in payment of fine to undergo simple imprisonment for six months. 2. The brief facts which led to culmination of appeal relates to an occurrence dated 05.12.2000. The fardbeyan (Ext.4) of Newat Chaupal (P.W.6) was the basis of the prosecution case. According to the informant Newat Chaupal, on 05.12.2000 in the morning when his wife was at her Darwaza and his daughter-in-law was inside her room, the accused persons namely, Sukhadeo Chaupal, Ganaur Chaupal, Ashok Chaupal and Dinesh Chaupal, all armed with lalthi, danda came and started assaulting his wife. The daughter- in-law intervened but she was also assaulted. Patna High Court CR. APP (DB) No.655 of 2005 dt.09-08-2012 3 Subsequently, informant’s son Ramphal Chaupal came and he was assaulted upon his head by Ganaur Chaupal by means of lathi and he became badly injured due to impact of assault. He fell down after becoming unconscious. Thereafter villagers came and intervened. At the time of giving fardbeyan at 9.00 A.M. at Manigachi police station, the informant’s son Ramji Chaupal was present there. The fardbeyan resulted in formal F.I.R.(Ext.2) of Manigachi P.S. Case No. 0126 of 2000 dated 05.12.2000 under [STATUTE] . During investigation, Ramphal Chaupal died as such offence under [STATUTE] was added. In course of investigation, statements of witnesses were recorded, injury report (Ext.1) and the post mortem report (Ext.3) were obtained and after completion of investigation, chargesheet was submitted. Thereafter the case was committed to the court of sessions where charge under [STATUTE] was framed against these two Patna High Court CR. APP (DB) No.655 of 2005 dt.09-08-2012 4 appellants and accused Ashok Chaupal and Dinesh Chaupal, all the four accused, and charge under [STATUTE] was framed against accused Ganaur Chaupal for intentionally or knowingly causing murder of Ramphal Chaupal and charges were explained to all the accused persons to which they pleaded innocence. Hence trial proceeded. In course of trial, accused Ashok Chaupal and Dinesh Chaupal were found juvenile, hence their trial separated. The remaining two accused persons namely, the appellants, faced trial and after trial both of them were held guilty, so they were convicted and sentenced, as stated above. Hence this appeal. 3. In order to substantiate its case, the prosecution has examined altogether ten witnesses. They are: P.W.1 Dr.Ram Chandra Safi who examined the injured and prepared injury report. P.W.2 Shankar Rai, P.W.3 Kishori Devi, P.W.4 Surendra Paswan, P.W.5 Ramjee Chaupal who is brother of the informant, P.W.6 Newat Chaupal Patna High Court CR. APP (DB) No.655 of 2005 dt.09-08-2012 5 who is the informant of the case, P.W.7 Indu Devi who is wife of the deceased Ramphal Chaupal, P.W.8 Ram Pari Devi who is wife of the informant, P.W.9 Dr.Praful Kumar Das who held post mortem over the dead body of the deceased and P.W.10 Satyanarayan Kunwar. 4. The defence has examined one Ganga Prasad Jha as D.W.1. 5. The trial court after hearing learned counsel for the parties and considering the evidences on record came to the conclusion that the prosecution has been able to prove be charges against the accused persons beyond the shadow of all reasonable doubts and convicted and sentenced them, as stated above. 6. This Court is required to reappraise the evidences on record and to see as to whether there were materials available on the record to prove the charges against the appellants beyond the shadow of all reasonable doubts or not. 7. First of all, we would like to discuss the evidence of P.W.1 Dr.Ram Chandra Safi who Patna High Court CR. APP (DB) No.655 of 2005 dt.09-08-2012 6 examined the injured Ramphal Chaupal on 05.12.2000 and found following injuries: (i) Lacerated wound over right side of scalp measuring about 2½”x1/2”x1/4”. (ii) Two abrasions on front of right forearm before wrist measuring ¼”x1/4”. According to this witness, both the above injuries were on account of assault by hard and blunt substance and both were simple in nature. About injury no.(i) the doct

Applicable IPC Section: 447

Statute Text:
Section 447 of the Indian Penal Code. Criminal trespass. Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.