Criminal Appeal (DB) No. 41 of 2013. Case: Hansraj Gond and Ors. Vs The State of Bihar. Patna High Court

Case Number:Criminal Appeal (DB) No. 41 of 2013
Party Name:Hansraj Gond and Ors. Vs The State of Bihar
Counsel:For Appellant: Bamdeo Pandey and Prithvi Nath Mishra, Advocates and For Respondents: S.N. Prasad, APP
Judges:Kishore Kumar Mandal and Sanjay Kumar, JJ.
Issue:Code of Criminal Procedure, 1973 (CrPC) - Section 313; Indian Penal Code 1860, (IPC) - Sections 302, 307, 323
Judgement Date:February 08, 2017
Court:Patna High Court
 
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Judgment:

Sanjay Kumar, J.

  1. Hansraj Gond (A-1), Ganesh Gond (A-2), Nand Lal Sah @ Nandlal Gond (A-3), Ram Prasad Gond (A-4) and Feku Gond (A-5) along with others were put on trial for having committed murder of the brother of the informant and also for having attempted to cause murder of the informant. They have been held guilty by the learned Sessions Judge-II, Bagaha vide judgment of conviction dated 12.12.2012 passed in S.T. No. 170 of 1998. A-1 (Hansraj Gond) was held guilty under Section 302 IPC and was sentenced to undergo R.I. for life with imposition of fine with default clause. A-2 (Ganesh Gond) was held guilty under Section 302 IPC and similarly sentenced to undergo R.I. for life with fine having default clause. He was also held guilty under Section 307 IPC for having attempted to cause death of the informant and was sentenced to undergo R.I. for 10 years with fine having default clause. A-3 Nand Lal Sah @ Nandlal Gond, A-4 (Ram Prasad Gond) and A-5 (Feku Gond) were held guilty under Section 307 IPC and sentenced to undergo R.I. for 10 years with imposition of fine having default clause.

  2. The prosecution case germinates out of Bagaha P.S. Case No. 224/1997 recorded on the basis of fardbeyan made by Ramakant Yadav (P.W.-10) on 1.10.1997 at about 1 p.m. at the Sadar Hospital which was recorded by P.W.-12 (Raghunath Singh). The prosecution case as set out in the fardbeyan (Ext-5) and projected at the trial, in brief, is that on 01.10.1997 at about 8.40 in the morning, the informant along with his brother Kedar Yadav (deceased) and Ram Raj Bhagat (P.W.-9) set out to Khaira Pokhra where there is railway station. As they covered around 1 km on the village road and reached near the Peepal tree which is also know as Brahm Asthan, it is stated that co-accused Uma Shankar Bhagat (since absconding), Hansraj Gond (A-1), Laxman Gond (facing separate trial)Ganesh Gond (A-2) who were sitting near the Brahm Asthan from before stepped on the road. Co-accused Uma Shankar Yadav exhorted other co-accuseds to finish all of them and he himself caught the deceased by throwing gamcha around his neck and was dragged and made to fall on the flank on the road whereafter all of them started assaulting the victim. Co-accused Uma Shankar Yadav was armed with knife (chura) and he assaulted the deceased several times. A-1 was armed with small bhala and had also assaulted the victim. Co-accused Laxman Yadav and A-2 assaulted the victim with lohbanda with which they were armed. Seeing the assault on the deceased, the informant tried to escape in the nearby cane field. In the meantime, A-5, A-4 and A-3 who were sitting in the nearby field along with other co-accused captivated the informant and started assaulting him with lathi. In the meantime, Laxman Yadav, A-1 (Handraj Gond), also joined them and assaulted him with lohbanda and other weapons. When he fell down, the accused persons only thereafter stopped assaulting him. The deceased having received the injuries at the hands of the accused persons, died at the place of occurrence. On hulla, the villagers arrived and carried him along with deceased to the Sub-Divisional Hospital where in course of treatment of his injuries, he made the ferdbeyan (Ext. -5) which was recorded by P.W.-12. The motive for the occurrence is assigned as village politics. The Investigating Officer upon registration of the formal F.I.R. took up the investigation. The dead body was sent for post-mortem. The Doctor performed the autopsy on the cadaver on the same day at 2.30 p.m. and submitted the report. The statement of the witnesses were recorded and upon conclusion of the investigation, charge-sheet was led against the present appellants and other accused persons...

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