Patna High CourtSarbada Nand Pandey & Anr vs State Of Bihar on 17 April, 2013Author:Rajendra Kumar MishraBench:Rajendra Kumar MishraIN THE HIGH COURT OF JUDICATURE AT PATNA

                                   Criminal Revision No.749 of 2002
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           1. Sarbada Nand Pandey.
           2. Akshyabar Pandey, both sons of Kamlakar Pandey, Resident of Purbi Rauza,
              P.S.- Chapra Town, District- Saran.
                                                                        .... .... Petitioners.
                                                Versus
           The State of Bihar.
                                                                    .... .... Opposite Partis.
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           Appearance :
           For the Petitioner/s         :       Mr. Nityanand Mishra, Advocate.
           For the Opposite Parties     :       Mr. Dashrath Mehta, A.P.P.
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           CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
                                         ORAL JUDGMENTDate: 17-04-2013

Rajendra Kumar              Head the parties.Mishra, J
                            This Criminal Revision is directed against the judgment

                 and order dated 19.08.2002 passed in Sessions Trial No. 434 of 1995

                 by the court of Ist Additional Sessions Judge, Saran at Chapra

                 whereby the petitioners were held guilty underSection 323/34of the

                 Indian Penal Code instead ofSection 307/34of the Indian Penal Code

                 and sentenced to undergo simple imprisonment for two months and

                 also directed to pay fine of Rs.200/- which would be payable to

                 informant by way of compensation. In default of payment of fine the

                 further simple imprisonment for one month.The prosecution case in brief is that the informant, Ram

                 Pravesh Pandey (C.W.2) gave his Fardebyan (Ext.1) on 10.05.1995 at

                 about 4.40 A.M. at Sadar Hospital, Chapra before the Sub-Inspector,
 Patna High Court CR. REV. No.749 of 2002 dt.17-04-20132Mathura Prasad of Chapra Town Police Station to the effect that in the

         preceding night at about 2-2.30 O' clock he had slept on the

         Varamdah of his clothes shop and on hearing an alarm he woke up. In

         the meantime, Sarbadanand Pandey, son of Kamlakar Pandey caught

         him and his brother Akshyabar Pandey gave the Farsa blow on his

         head, as a result of which he sustained injury. On alarm being raised

         by him, Nand Kumar who had also slept there woke up and called his

         family members and they carried him at Sadar Hospital, Chapra for

         his treatment. The cause of occurrence is said to be the old land

         dispute.On the basis of fardebyan of the informant, Ram Pravesh

         Pandey (C.W.2), as recorded on 10.05.1995, Chapra Town P.S. Case

         No. 108 of 1995 was instituted underSections 452,323,324and307of the Indian Penal Code. The police on investigation of the case

         submitted the chargesheet against the petitioners in the aforesaid

         Sections and on taking cognizance of the offence the case was

         committed to the court of Sessions where petitioners were charged

         underSection 307/34of the Indian Penal Code for trial

                       In support of its case, prosecution examined three

         witnesses, namely, Munna Sharma (P.W.1), Ram Naresh Pandey

         (C.W.1) and Ram Pravesh Pandey (C.W.2) who is the informant of

         the case.Patna High Court CR. REV. No.749 of 2002 dt.17-04-20133The learned Ist Additional Sessions Judge, Saran at Chapra

         on consideration of the materials and evidence available on the record

         held guilty to the petitioners and sentenced them as stated above

         through the impugned judgment and order.The learned counsel appearing on behalf of the petitioners

         submits that the learned Ist Additional Sessions Judge, Saran at

         Chapra has committed illegally in relying on the evidence of

         informant, Ram Pravesh Pandey (C.W.II), which is without

         corroboration and he has also doubted the Fardebyan saying that it

         was not read over to him by Daroga Ji and he had put his signature on

         the same but on showing the Fardebyan (Ext.1) told that Fardebyan is

         not bearing his signature. It has also been submitted that informant

         has himself admitted that there is old land dispute between him and

         the petitioners.P.W. 1, Munna Sharma, who is the Advocate's Clerk, has

         formally proved the Fardbyan which is marked as Ext. 1, but he has

         stated in his cross-examination that Fardebyan was not written before

         him and he has no knowledge about the case.C.W.1, Ram Naresh Pandey, who is the brother of the

         informant Ram Pravesh Pandey (C.W.-2), has stated in his evidence

         that on 10.05.1995 at about 2.30 O' clock, he woke up on sound of

         Nand Kumar, who is tea-shopkeeper. He informed him that accused
 Patna High Court CR. REV. No.749 of 2002 dt.17-04-20134Akshibar Pandey and Sarvadanand Pandey have assaulted to his

         brother Ram Pravesh Pandey (C.W.-2). He went there and found that

         his brother Ram Pravesh Pandey (C.W.2) pooled with blood and he

         disclosed that Sarbadanand Pandey had caught hold him and

         Akshyabar Pandey gave the Farsa blow on his head. This witness has

         further stated in his cross-examination that there was litigation

         regarding land underSections 144and145of the Cr.P.C. and the

         accused are his cousin.C.W.2, Ram Pravesh Pandey, who is the informant of the

         case has stated in his evidence that on 10.05.1995, he had slept in his

         shop. At about 2.30 O' clock in the night he woke up on hearing an

         alarm then saw that accused Sarbadanand Pandey and Akshyabar

         Pandey were present there. He tried to flee away, but Sarbadanant

         Pandey caught hold him and Akshyabar Pandey gave the Farsa blow

         on his head, as a result of which he sustained injury. Thereafter both

         the accused fled away. After sometime, he called Nand Kumar who

         was also slept there at his shop who woke up and called his brother

         Ram Naresh Pandey (C.W.I). In the meantime, many persons gathered

         there and carried him at Chapra Hospital for his treatment. The police

         came there and recorded his statement, but the same had not been read

         over to him. While he wanted to put his L.T.I. due to injury but

         Daroga Ji told him to put his signature, thereafter, he put his signature
          Patna High Court CR. REV. No.749 of 2002 dt.17-04-20135on the Fardebyan. Upon seeing the Fardebyan this witness has stated

                   that this Fardebyan is not bearing his signature which is marked as

                   Ext. 1.On perusal of record it appears that the doctor who

                   examined the informant Ram Pravesh Pandey (C.W.2) has not been

                   examined even the informant has also doubted the Fardebyan saying

                   that the same was not read over to him and he put his signature on

                   Fardebyan (Ext.1), but on seeing the Fardebyan he told that his

                   signature is not on the Fardebyan (Ext.1). As such the conviction and

                   sentence of the petitioners on the basis of uncorroborated testimony of

                   informant Ram Pravesh Pandey (C.W.2) is unjustified and bad in law.In the result this criminal revision is allowed. The

                   impugned judgment and order dated 19.08.2002 is set aside and the

                   petitioners are acquitted of the charge and discharged from the

                   liabilities of their bail bonds.(Rajendra Kumar Mishra, J)
Patna High Court
Dated 17.04.2013
N.A.F.R/Bhardwaj