IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (SJ) No.587 of 2010 RAM SHANKER SINGH & ORS Versus THE STATE OF BIHAR ----------- 5. 26.07.2010 This appeal was heard at the stage of admission. All the 13 appellants have been convicted under Sections 323/149 of the I.P.C. As to the sentence, the appellants have been ordered to be released on probation for a period of two years on executing a bond of Rs. 20000/- with two sureties of the like amount each with a direction to maintain peace and be a good behaviour during the period. It has to be mentioned that one accused Munna Singh was also put on trial for the same offence but he died during the trial. The prosecution case vide F.I.R. lodged by the informant Shiv Nandan Singh (P.W.8) was that on 4.1.1999 at 7:30 A.M. while he was going to his cattle shed from his house for feeding his cattle and when he reached near Sambat Ashtal (place of Holika), all the accused persons variously armed with lathi, khanti, pistol and farsa surrounded him and they started assaulting him indiscriminately. On his cry, his sons Jata Shankar Singh (P.W. 5) and Sudhir Singh (P.W.4) and co-villagers Daya Shankar Singh (P.W.2), Ram Naresh Singh (P.W.7), Kundan Kumar (P.W.3), and Murari Choudhry (P.W.6) came to save him (informant) but they were also assaulted at the hands of the appellants. Regarding manner of occurrence, it was stated in the F.I.R. that Munna Singh (dead) gave two Khanti blows causing injury on the head of Ram Naresh Singh. Then appellant Ram Shankar Singh assaulted Sudhir Kumar Singh with lathi causing injury on his arm, 2 back and other parts of the body. The appellant Ramashray Singh assaulted Jatha Shankar Singh by means of iron rod causing injury on his head and leg. The appellant Ram Sagar Singh snatched gold chain from the neck of Jata Shankar Singh. The appellant Anil Singh assaulted Kundan Kumar Choudhary causing injury on his head and chest. The appellant Sunil Singh gave a lathi blow to Daya Shankar Singh causing injury on his head and right ear. Sunil Singh assaulted Murari Singh causing injury on his chest. It was also alleged that appellant Ram Shankar Singh was brandishing a pistol and he was uttering to kill the informant and others. The motive for the occurrence was stated that a day ago, a Panchayati was held in the matter of land dispute between the parties and that Punches had decided the matter against the appellants and that due to this, the appellants had a grudge and out of that grudge, they committed the occurrence. It was also submitted that after the occurrence the injured persons were taken to the clinic of Dr. Ashok Sharma where they were treated. The informant Shiv Nandan Singh (P.W.8) deposed in detail about the occurrence in his evidence, he named all the appellants mentioning the specific assault caused by each of the appellants. It was also stated by him that the appellants were taken to clinic to doctor Ashok Sharma. Out of the witnesses, Krishna Kumar Singh (P.W.1), Daya Shankar Singh (P.W.2), Sudhir Kumar (P.W.4), Jathadhari Singh (P.W.5), Murari Singh (P.W.6) and Ram Naresh Singh (P.W.7) are the witnesses who have stated in detail about the occurrence putting specific accusation on specific appellants with respect of causing assault at his hands. These witnesses include seven injured 3 persons who are stated to have received injury in the occurrence. Dr. Ashok Sharma was examined as P.W.9 and he proved the injuries on the six injured persons namely, Ram Naresh Singh, Shiv Nandan Singh, Sudhir Kumar Singh, Daya Shankar Singh, Murari Choudhary and Kundan Kumar. This doctor witness has proved injuries on these injured persons and had stated that the injuries were caused by hard blunt substances. Dr. Sanjeev Kumar (P.W.10) has proved the injuries on the injured Jata Shankar Singh and he stated that the injuries were simple in nature and were caused by hard blunt substance. Bijendra Lal (P.W.11) was the Investigating Officer of the case, he deposed that on 4.1.1999 he had gone to the clinic of doctor Ashok Sharma and he had recorded the Fard-beyan of the informant Shiv Nandan Singh (Ext.3) there and on the basis of Ext. 3, F.I.R. was registered. The I.O. also stated that he had visited the place of occurrence and he has mentioned in detail about the occurrence. He also stated that seeing the injuries on the injured in the clinic he had issued requisitions slip for examination of the injuries. He also stated that he had obtained injury report from the doctor. He further stated that he recorded the statements of the witnesses and findings sufficient materials he had submitted charge-sheet against accused/appellants. The defense did not bring any material contradiction in the statements of the prosecution witnesses by pointing out during cross-examination of the Investigating Officer. On the basis of the materials as considered by the learned trial court, I find no reason to interfere with the judgment of conviction 4 and sentence as passed by the trial court. The appellants have not been sentenced to undergo any term of imprisonment, rather, they have been released by the learned trial court on executing probation bond for a period of two years with direction to maintain peace and be a good behaviour during the period. Under the provisions of Section 12 of the Probation of Offenders Act, a sentence of such type does not entail any disqualification. Thus hearing, I find nothing substantial to order for admission of this appeal. Hence, prayer for admission of this appeal is refused. (C. M. Prasad, J.) Ravi/-