Amar Soni @ Amarnath Soni and Tarachand Soni vs The State of Jharkhand

Pradeep Kumar, J.—On repeated call, nobody appears on behalf of the appellants to argue this case.

On the request of the Court, Mr. Tapas Roy argued this case as Amicus Curie.

The instant appeal is directed against the judgment of conviction and order of sentence dated 11.10.2001 passed in S.T. No. 532 of 1996 by Shri Shushil Kunkal, learned 1st Additional District and Session Judge, Garhwa, by which judgment he found the appellants guilty under Sections 341, 323, 326 and 307/34 of the I.P.C. and sentenced them to undergo R.I for seven years for an offence u/s 307/34 of the Indian Penal Code, R.I for three years for an offence u/s 326 of the Indian Penal Code, R.I for one years for an offence u/s 323 of the Indian Penal Code and R.I for one month for an offence u/s 341 of the Indian Penal Code and that all the sentences have been ordered to run concurrently.

It is submitted by learned Counsel for the appellants that there was a land dispute between the parties and the allegations is that the injured parties had come to attack the defence party when this occurrence took place. As such, they are not guilty for the offence. In that view of the matter, conviction of the appellants are bad in law and fit to be set aside.

On the other hand, learned Counsel for the State has supported the prosecution case and stated that there was previous enmity between the parties and attack was made by the appellants with serious injury to the informant, Murli Shyam Soni and other one, Sheonath Sao got injury by Garasha and Gangia Devi got chemical injury on her elbow and as such, the conviction and sentence passed by the trial Court does not need any interference by this Court.

After hearing both the parties and going through the records, I find that the the prosecution case was started on the basis of fardbeyan given by the informant, P.W.2, Murli Shyam Soni, stating therein that on 21.07.1996 at 4.00 P.M., his grand-mother Gangia Devi had gone to see her Bari at Sai Muhalla about 4.00 P.M. then he heard that Amar Soni @ Amarnath Soni and Tarachand Soni of Sai Muhulla are fighting with his grand-mother, whereupon, he alongwith his grandfather, Sheonath Sao went there. Subsequently, the accused Amar Soni @ Amarnath Soni came out with steel glass full of acid and threw on his face causing injury on his face, stomach, hand, chest and eye etc. and Tarachand Soni assaulted Sheonath Sao by Garasa. Even his grand-mother Gangia Devi wanted to save him and she also received injury from acid on her elbow (Kehuni). The informant also stated that occurrence had taken place due to old land dispute.

On the basis of said Ferdbeyan, police registered a case under Sections 341, 323, 326 and 307/34 of the Indian Penal Code and after investigation, police submitted charge-sheet in the case under all the aforesaid Sections. Since, the case was exclusively triable by the court of Sessions, learned Magistrate committed the case to the court of Sessions and subsequently, the case was tried by learned 1st Additional District and Session Judge, Garhwa, who found the appellants guilty under Sections 341, 323, 326 and 307/34 of the Indian Penal Code and convicted and sentenced them as aforesaid.

It appears that in the course of the trial, the prosecution has examined as many as ten witnesses.

P.W. 1, Pappu Singh.

P.W.2, Murli Shyam Soni, informant.

P.W.3, Ramji Prasad, is the father of the informant.

P.W.4, Binod Prasad Soni.

P.W.5, Sheonath Prasad Soni.

P.W.6, Gangia Sahun.

P.W.7, Dasarath Prasad Keshri is a witness to the seizure list.

P.W.8, Dr. Braj Kishore Mundari is a doctor.

P.W.9, Md. Shamsad, is a police constable.

P.W. 10, Ramgovind Sharma, is the A.S.I and the I.O. of the case.

Thus, it appears from the examination of P.W.2. Murli Shyam Soni, informant, who has fully supported the prosecution case and stated that on the date of occurrence his grand-mother was going to see her bari at Sai Muhalla. about 4.00 P.M. then he got information that accused Amar Soni @ Amarnath Soni and Tarachand Soni of Sai Muhulla were fighting with his grand-mother wheteupon he alongwith his grand-father, Sheonath Sao, went there subsequently, the accused Amar Soni @ Amarnath Soni came out with steel glass full of acid and threw on his face causing injury on his face, stomach, hand, chest and eye etc. and Tarachand Soni assaulted to sheonath Sao by Garasa. When his grand-mother Gangia Devi came to save him, she also received injury from the acid on her elbow. He further stated that occurrence took place due to old land dispute. He proved the said signature in the F.I.R. and also stated that the fardbeyan recorded by the I.O. Ramgovind Sharma, which is marked as Ext-1. He also proved the seizure list and also signature on the same as Ext-2 and he identified the accused in the Court.

The other witness P.W.5, Sheonath Prasad Soni has fully supported the prosecution case and stated that Amar Soni @ Amarnath Soni and Tarachand Soni of Sai Muhalla were fighting with his wife Gangia Shahun whereupon he along with Murli Shyam Soni went there. Subsequently, the accused Amar Soni @ Amarnath Soni came out with steel glass full of acid and threw on the face of Murli Shyam Soni causing injury on his face, stomach, hand, chest and eye etc. and he was treated in the hospital and he also received injury from Tarachand Soni by Garasa causing injury on his head. When his wife Gangia Devi came to save Murli Shyam Soni, she also received injury from acid on her elbow.

P.W.6, Gangia Devi, has also supported the prosecution case and stated that I had gone to see maize crops to bari sai muhulla. In the course of that, Amar Soni @ Amarnath Soni and Tarachand Soni, were abusing her, after hulla, Murli Shyam Soni, Sheonath Prasad Soni and Pappu came to the place of occurrence, whereupon the accused Amar Soni @ Amarnath Soni came out with steel glass full of acid and threw on the face of Murli Shyam Soni causing injury on his face, stomach, hand, chest and eye etc. and Tarachand Soni assaulted to Sheonath Prasad Soni by Garasa causing injury on his head. Even she also received injury from acid on her elbow.

P.W.7, Dasarath Prasad Keshri is a witness to the seizure list, who supported the prosecution case.

P.W.8, Dr. Braj Kishore Mundari is a doctor, who examined as many as three injured persons and stated that when he examined the injured Murli Shyam Soni on 21.07.1996, he found chemical burn injury over whole of the face excluding eyes, chemical burn over right side of the abdomen and upper part of the chest 1 1/2 ft x 1/2 inch, on anterior aspect of left fore - arm 3" x 2" and on anterior aspect of right fore - arm 1 1/2". Injury report has been prepared by him and put his signature also, which has been marked as Ext. 3. He further examined the injury of Sheonath Prasad Soni, he found lacerated wound on part of the right parietal region 1" x 1/4" x supeificial skew and the left lateral aspect of the parietal region 1 1/2" x 1/4" x skin deep. Age of injury within six hours and all the injuries are simple in nature, caused by hard and blunt substance and might be caused by the back and blunt portion of Garassa and lathi and he proved the injury report as Ext. 3/1 and he also examined the Gangia Devi and he found that the chemical burn injury on lateral aspect of left elbow joint 2" x 1 1/2" to her, which was simple in nature and he proved her injury report as Ext. 3/2.

Thus, from the prosecution case and evidences given above, I find that the prosecution has proved the case beyond reasonable doubts against Amar Soni @ Amarnath Soni who had intention to commit murder threw full glass of acid on the body of injured informant, Murli Shyam Soni, causing extensive injury on his face, chest, stomach, hand and eyes and as such, he has rightly been found guilty under Sections 341, 323, 326 and 307/34 of the I.P.C. Accordingly, the appeal against Amar Soni @ Amarnath Soni is dismissed.

However, as far as accused Tarachand Soni is concerned, he participated in the assault and it is difficult to say that he had any intention to cause death either to Murli Shyam Soni and his grand father, Sheonath Prasad Soni. Since, the doctor has found injury simple and superficial on the head of sheonath Prasad soni, which was caused by hard and blunt substance. More-so, person present on the spot i.e. P.W.6 Gangia Devi has not stated that the Sheonath Prasad Soni was assaulted by Garassa. In that view of that matter, conviction of the appellant, Tarachand soni, under Sections 326 and 307/34 of the Indian Penal Code is found bad in law and fit to be set aside.

His conviction under Sections 341 and 323 are only maintainable and as such, his sentence of R.I for one years for an offence u/s 323 of the Indian Penal Code and R.I for one month for an offence u/s 341 of the Indian Penal Code requires consideration.

Since, it appears that appellant namely, Tarachand Soni, has remained in custody for about four months during investigation from 22.07.1996 to 21.11.1996 and also after conviction he has remained in custody for about three months, which is sufficient punishment under Sections 323 and 341 of the Indian Penal Code. Hence, his sentenced is altered to the period already undergone by him during trial and appeal. Since, the appellant Tarachand Sohi is on bail, He is released from the bondage of bail.

Since, Amar Soni @ Amarnath Soni is on bail, his bail bond is cancelled and the trial Court is directed to issue non-bailable warrant against him for serving out of his sentence.

Accordingly, this appeal is allowed in part with alteration in the order of sentence.