IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (SJ) No. 1297 of 2007 ----- (Against the judgment of conviction and order of sentence dated 26.04.2007 passed in Session Trial No.309 of 2004, corresponding to G.R. Case No.544 of 2004 arising out of Jarmundi (T) P.S. Case No. 103/04 by the Court of Learned 5th Additional Sessions Judge, (F.T.C.), Dumka, Jharkhand.) 1. Bhutto Mian (aged about 25 years) 2. Munar Mian (aged about 30 years) son of Samsuddin Mian. 3. Sakur Mian (aged about 58 years) 4. Samsuddin Mian (aged about 50 years) 5. Kareli Mian (aged about 40 years) 6. Jhupa Mian (aged about 47 years) Nos.3 to 6 all are sons of Jalil Mian, All are resident of Hat Dumaria P.S. Taldhari, District- Dumka (Jharkhand). --- --- Appellants Versus The State of Jharkhand --- --- Respondent ------- CORAM : HON’BLE MR. JUSTICE NAVNEET KUMAR ------ For the Appellants : Ms. Amrita Sinha, Amicus Curiae For the State : Mr. Tarun Kumar, A.P.P. J U D G M E N T 28.02.2025 This appeal is directed against the judgment of conviction and order of sentence dated 26.04.2007 passed in Session Trial No.309 of 2004, corresponding to G.R. Case No.544 of 2004 arising out of Jarmundi (T) P.S. Case No. 103/04 by the Court of Learned 5th Additional Sessions Judge, (F.T.C.), Dumka, Jharkhand whereby and where under the appellants have been convicted for the offence punishable under Sections 324/149 & 147 of IPC and have been sentenced to undergo R.I. for two years under Section 324/149 of the IPC each and R.I. for two years under Section 147 of the IPC each. Both the sentences were directed to run concurrently. The convicts were further sentenced to pay fine of Rs.1000/- each and in default of payment of fine they were directed to undergo R.I. for 6 months each. 2. It appears from the record that out of seven aforesaid appellants, one of the appellants, namely, Jakir Mian, appellant No.5 has died and no substitution petition was filed and by the order dated 10.01.2025, this appeal has become abated with respect to appellant No.5, Jakir Mian, 2 Cr. Appeal (SJ) No. 1297 of 2007 therefore, the name of the appellant No.5, namely, Jakir Mian be deleted and rest of the appellants are re-numbered as above. 3. The prosecution case as per fardbeyan Exbt. 1/2 of Ibrahim Mian P.W.4 recorded at about 10:45 A.M. at Taljhari P.S. on 05.06.04 by Anjani Kumar Jha, S.I. P.W.7 was that he was s/o of late Duman Mian and resident of village-Hat Dumaria, P.S. Taljhari. On 05.06.2004, at about 9:30 A.M. his elder brother Saleem Mian, P.W.3 went to plough the field of plot no. 230 under Jamabandi No. 8. Afterward he and his uncle Karamat Husain P.W.2 also went there with seeds. Samsudding Bhuto, Mundar Mian, Sakur, Kareli, Jhupa and Jakir armed with lathi, danda reached there, Samsuddin asked them not to plough the field then they were coming out of the field. Meanwhile, the accused surrounded them and started assaulting with danda. Samsuddin assaulted him with danda on his right hand, Bhuto Mian assaulted him with danda on his hand and Kareli Mian assaulted him with danda on his left hand. Sakur Mian assaulted Saleem on his head with danda causing bleeding injury. Jakir and Jhupa also assaulted them with danda. Jhupa Mian assaulted Karamat with danda on his head causing bleeding injury. Bhuto and Mundar also assaulted him with danda. Then Jhupa Mian took away Titan watch of Karamat Husain when he fell down on ground. He somehow fled from there reached to the police station and given information to the Police. 4. On the basis of the information given by Ibrahim Mian P.W.4 Jarmundi (T) P.S. Case No. 103/04 under sections 147, 148, 149, 323, 325 and 379 of IPC was registered and charge for investigation was given to A.K. Jha, S.I. P.W.7 who after thorough investigation has filed charge-sheet under aforesaid sections against all the named accused persons Vide charge sheet No. 94 of 2004. Accordingly, charge was framed by the learned Trial Court on 05.02.2005 under sections 307/149, 147 and 379/34 of IPC where the accused pleaded not guilty and claimed to be tried. 5. The learned Trial Court after conducting the full-fledged trial passed the impugned judgment of conviction and order of sentence, which is under challenge in this appeal. 6. Heard learned Amicus Curiae for the appellants and the learned 3 Cr. Appeal (SJ) No. 1297 of 2007 A.P.P. for the State. Arguments advanced on behalf of the Appellants: 7. It has been submitted on behalf of the appellants that the learned trial court has not applied its judicial mind in passing the impugned order of conviction and hence the same is illegal, unwarranted and not supported by law. It is submitted that the order of conviction is much based on presumption and suggests nothing but fanciful inferences. It has further been pointed out that order dated 26.04.2007 is based upon the FIR dated 05.06.2004 as Jarmundi P.S. Case No. 103/2004, which was made by Ibrahim Mian who is already an accused made in sessions case no. 343/2004 which was filed by the one of the appellants. 8. Further, it has been pointed out that in this case prosecution examined 7 witnesses and P.W.1 is declared hostile and P.W.2 and P.W.3 is also interested and P.W.4 is the informant and P.W.-5 and P.W.6 were Doctors who examined the injured and P.W.7 is I.O. Further it has been contended that they had gone to the field which was a disputed property to stop the informants party from ploughing. It has further been submitted that it is clear from impugned judgment that the land (J.B. No. 8) is a disputed land between both parties and in this view of the matter, the impugned judgment of conviction and order of sentence is bad in law and fit to be set aside. Arguments advanced on behalf of the State. 9. On the other hand, the learned APP appearing on behalf of the State has opposed the contentions raised on behalf of the Appellants and submitted that there was a case and counter case and all the witnesses examined by the prosecution have supported the prosecution case and therefore there is no legal point to interfere in the impugned judgment of conviction and order of sentence and the same is fit to be dismissed being devoid of merit. Appraisal & Findings 10. Having heard the parties, perused the record of the case including the impugned judgment, depositions of all the witnesses and other materials available on record. 11. In order to prove its case, prosecution has been able to examine 4 Cr. Appeal (SJ) No. 1297 of 2007 altogether 7 witnesses who are as under: 1. P.W.1-Sripati Ram (declared hostile) 2. P.W.2-Karamat Hussain 3. P.W.3-Saleem Mian 4. P.W.4- Ibrahim Mian (informant) 5. P.W.5-Dr. Shambhu Nath Ghosh 6. P.W.6-Kamal Chandra Kumar 7. P.W.7-Anjani Kumar Jha (I.O. of the case) Apart from the oral evidences, the prosecution has adduced some documentary evidences also which are as under: - Exhibit-1 and Exhibit-1/1- Signature of Karamat Husain and Ibrahim Mian on the Fardbeyan. Exhibit -1/2- Fardbeyan Exhibit-2- Series injury reports Exhibit-3- formal FIR One witness has been examined on behalf of defence as D.W.-1 Samsuddin Mian and the documents exhibited by defence are as under- Exhibit A.- Notice in Cr. Misc Case No.1446/1996 of the court of SDJM, Dumka; Ext.-B- FIR of G.R. Case No. 545/2004 arising out of Taljhari P.S. case No. 104/2004, Sessions Case No. 343/2004 12. The P.W.-1 Sripati Ram who was declared hostile, and PW-6 Kamal Chandra Kumar is the formal witness who proved signature of Anjani Kumar Jha on fardbeyan as Ext.1/2 and also proved formal FIR as Ext.3. 13. It is found that both sides have admitted that there is a case and counter case for the same occurrence. Anjani Kumar Jha P.W.-7 the I.O. on 05.06.2004 has recorded fardbeyan of Ibrahim Mian (P.W.-4) and after preparing the requisition for injury he sent the injured to P.H.C. Jarmundi for treatment. Karamat Husain P.W.2 was suggested about the counter case but he denied for the same but Saleem Mian P.W.-3 has admitted about the counter case, in his deposition. Ibrahim Mian P.W.4 has not been asked anything regarding the counter case. Anjani Kr. Jha P.W.-7 I.O. of the case has inspected the place of occurrence which is land of Dag No. 230 under Khata No. 8 situated in east of Hat Dumaria. Half of the 5 Cr. Appeal (SJ) No. 1297 of 2007 land was tilled and paddy seeds were spread. Ibrahim Mian P.W.4 has stated that the land is of Jamabandi No. 8 Dag No. 220 (wrongly mentioned). He has stated that his brother Saleem Mian P.W.-3 at about 9:30AM on 6.5.04 went to plough the field. Karamat Mian P.W.2 also went there then the occurrence took place. Saleem Mian P.W.-3 has stated that on the time and date of occurrence he was ploughing the field which is land of Dag No. 230 Jamabandi No. 8. Ibrahim Mian and Karamat Mian P.W.-2 were also with him. Karamat Mian P.W.2 has stated that Saleem P.W.3 was ploughing the field and he went to the place of occurrence with seeds then the occurrence took place. 14. The I.O. P.W.-7 has stated that he has not verified the paper of the disputed land and he has recorded Khata number and Dag number of the plot as per the statements of the villagers. He has also not measured the part of the land which was tilled. Admittedly, there is a case and counter case for the same occurrence. 15. It is further found that Ibrahim Mian P.W.-4 in his fardbeyan Exbt. 1/2 has alleged that earlier, Saleem Mian P.W.-3 was ploughing the field. He along with his uncle Karamat Mian P.W.2 reached to the place of occurrence. Accused Samsudding Bhuto, Mundar Mian, Sakur, Kareli, Jhupa and Jakir armed with lathi, danda reached there, Samsuddin asked them not to plough the field. Meanwhile, the accused surrounded them and started assaulting with danda. Samsuddin, Bhuto and Kareli Mian assaulted him on his head and arm. Salim was assaulted by Sakur Mian on his head. Jakir and Jhupa also assaulted him with danda. Karamat was assaulted by Jhupa on his head causing injury. During his deposition P.W.4 Ibrahim Mian has stated that all the named accused came to the place of occurrence armed with danda and assaulted him, Karamt and Saleem. He was assaulted by Kareli, Samsudding and Bhuto causing injury on his hand and shoulder. Sakur and Samsudding assaulted Karamat. Samsudding, Bhuto and Munar assaulted Salim. 16. Karamt Mian P.W.2 stated that he went to the place of occurrence with seeds. Saleem was ploughing the field. Meanwhile, the named accused came there armed with danda and also assaulted him on his head causing bleeding injury. Ibrahim and Saleem were also injured. 17. P.W.-3 Saleem Mian has stated that all the accused persons 6 Cr. Appeal (SJ) No. 1297 of 2007 Samsudding Bhuto, Mundar Mian, Sakur, Kareli, Jhupa and Jakir came holding danda in their hands. He further stated that accused persons assaulted the injured persons by taking specific name. 18. P.W.-5 Dr. Shambhu Nath Ghose has proved the injury report of Ibrahim Mian as Ext.2, of Karamat Mian as Ext.2/1and of Saleem Mian as Ext.2/2 The doctor has found the following injuries on the person of Ibrahim Mian- I. swelling just above right wrist joint II. abraded wound on left of index finger ½”x1/2”. III. Tender back. In the opinion of doctor, Time of injury 3-4 hours, type of weapon- hard and blunt substance but opinion was reserved on type of injury till x-ray report. The doctor PW-5 has found the following injuries on the person of Karamat Mian - I. Lacerted wound on left side of forehead II. Swelling and abraided wound on external aspect of left hand just below the wrist In the opinion of doctor, Time of injury 3-4 hours, type of weapon- hard and blunt substance but opinion was reserved on type of injury till x-ray report. The doctor PW-5 has found the following injuries on the person of Saleem Mian - I. lacerated wound on head 1 cm x 1 cm II. abraded wound on left hand 1 cm x 2 cm III. swelling on right arm just below right shoulder joint In the opinion of doctor, Time of injury 4-5 hours, type of weapon- hard and blunt substance but opinion was reserved on type of injury till investigation report. Thus, it appears that the medical evidence on record is corroborated by the deposition of injured P.W.2., P.W.-3 and P.W.-4. And it is also substantiated that accused persons assaulted to the injured persons and also injuries sustained by the injured persons are substantiated with their respective depositions and injury reports. 7 Cr. Appeal (SJ) No. 1297 of 2007 19. In view of the aforesaid appraisal of the testimonies of the witnesses and other evidences available on record, this Court comes to a finding that the Learned Trial Court has rightly appreciated the testimonies of the witnesses and there is no illegality in the appreciation of evidences and passing the judgment of conviction for the offence punishable under Section 147, 324/149 of the IPC against these appellants. 20. Accordingly, this Court upholds the judgment of conviction dated 26.04.2007 passed in Session Trial No.309 of 2004, corresponding to G.R. Case No.544 of 2004 arising out of Jarmundi (T) P.S. Case No. 103/2004 by the Court of Learned 5th Additional District Judge, (F.T.C.), Dumka, Jharkhand for the offence punishable under Section 147, 324/149 of the IPC against these appellants. 21. So far as sentence is concerned, it is found that the incident has taken place as far back as in the year 2004 when the quarrel between the parties arose in the wake of trivial matter for ploughing the field. Further it is found that all the appellants have been suffering from the trauma and misery of the criminal prosecution for a long period of time i.e. since last 21 years. 22. Further, there is nothing on record to show about their criminal history, and Appellant No.1 Bhuto Mian remained in custody for about 33 days; Appellant No.2 Munar Mian remained in custody for about 28 days; Appellant No.3 Sakur Mian remained in custody for about 7 months Appellant No.4 Samsuddin Mian remained in custody for about 7 months; Appellant No. 5 Kareli Mian remained in custody for about 6 Months 25 days; and Appellant No. 6 Jhupa Mian remained in custody for about 28 days. Further, it is also found that the appellants are ready to pay the fine by way of compensation to the injured persons. 23. Further, it has been pointed out that most of the appellants have reached almost of their old age and in this view of the matter and in view of the mitigating factors to modify the order of sentence, it is found just and fair that the purpose of justice would be served in awarding the sentence of fine by way of compensation instead of awarding the sentence of further imprisonment to the appellants. 24. In the backdrop, this Court thinks that purpose of justice would be 8 Cr. Appeal (SJ) No. 1297 of 2007 served if the appellants are sentenced to the imprisonment for a term of the period already undergone by him and a sentence of fine is imposed upon each of the appellants in order to give it to the each of the victims. 25. In this view of the matter, the order of sentence dated 26.04.2007 passed in Session Trial No.309 of 2004, corresponding to G.R. Case No.544 of 2004 arising out of Jarmundi (T) P.S. Case No. 103/04 by the Court of Learned 5th Additional Sessions Judge, (F.T.C.), Dumka is set aside. 26. In result, the appellants are awarded the sentence of imprisonment for a term of the period already undergone by them. Further, each of the appellant is sentenced to pay a fine to a sum of Rs. 15,00/- (Rupees Fifteen Hundred Only) by way of compensation to be paid by each of the appellants under both the two heads in order to give it to the victims namely Ibrahim Mian (PW-4), Karamat Mian (PW-2) and Saleem Mian (PW-3) to a sum of Rs.500/- (Rupees Five Hundred Only) by each of the appellant 27. Since, the appellants are on bail therefore they are given nine months’ time to deposit the said fine amount and in case of default of fine, they will undergo simple imprisonment for six months under all the two heads. The appellants may deposit the fine amount through the Nazarat of the concerned Civil Court in order to give it to the victims namely Ibrahim Mian (PW-4), Karamat Mian (PW-2) and Saleem Mian (PW-3) by way of compensation. 28. The learned Trial Court is directed to take all necessary steps to ensure that the said fine amount is deposited within the stipulated period of time and if the same is not deposited by the appellants, then they will serve the sentences as awarded in case of default of payment of fine by taking all necessary measures as per the provisions of law. 29. The appellants have been allowed to deposit the said fine amount through the Nazarat of the concerned Civil Court and the moment the appellants deposit the fine amount, they shall be released and/ or discharged from the liabilities of bail bonds accordingly in this case. 30. The learned trial court is also directed that on deposit of the said fine amount by the appellants, a notice be sent to the victims/injured namely Ibrahim Mian (PW-4), Karamat Mian (PW-2) and Saleem Mian 9 Cr. Appeal (SJ) No. 1297 of 2007 (PW-3) and on their appearance the said fine amount, if so, deposited by the appellants, shall be disbursed to them. In case, the said victims/injured namely Ibrahim Mian (PW-4), Karamat Mian (PW-2) and Saleem Mian(PW-3) are not traceable or not available or not found at the given address, or do not appear before the learned trial Court, the same shall be disbursed to the close or near relatives or kith and kin of the said victims or else, as the concerned learned trial court may deem fit and proper, and in this regard the Court concerned may also involve the Para Legal Volunteer (PLV) of District Legal services Authority (DLSA), Dumka, if required and the Secretary, D.L.S.A., Dumka is directed to co- operate in this regard. 31. In result, this Criminal Appeal is dismissed with the modification in order of sentence as above. 32. Let the Trial Court Records and the copy of the judgment be also transmitted to the learned Court below for its compliance in letter and spirit. 33. Let a copy of the judgment be also sent to the Member Secretary, Jharkhand State Legal Services Authority to do the needful for the payment of professional fees to the Legal Aid Defence Counsel/Amicus Ms. Amrita Sinha who has effectively and efficiently assisted to the Court on behalf of the appellants. (Navneet Kumar, J.) Basant B./S. Das