Lokesh Kumar Srivastava and Others vs The State of Bihar

Mandhata Singh, J.—Statement/Fardbeyan of one Kaushal Kishore at State Hospital, Sahebganj on 19.5.1993 has been made basis for lodging the F.I.R. which in brief is that at about 7.45 PM he was reading in his room, his younger brother Ravi Ranjan Kumar (P.W.1) was reading in another room, his mother (P.W.2) was cooking and both the grand fathers were in inner room. In the meantime, his villager Lokesh Kumar Shrivastava along with Deep Narain Paswan, Bindeshwari Paswan, Bira Paswan, Mahendra Paswan, Sakal Paswan and Mukhlal Paswas armed with Lathi, Bhala and Farsa came there and entered his house. Accused appellant no.1 Lokesh Kumar Srivastava exhorted to catch and kill the family members and blow his Farsa on head of his mother. When his younger brother Ravi Ranjan intervened to save he was assaulted by the same Farsa on his head also. Both the injured fell down, other accused appellants assaulted him by means of Lathi on his back. Accused appellant no.1 Lokesh Kumar Srivastava took away locket of gold from neck of his mother, two rings and two bangles of gold and fled from the place. On hue and cry, villager Satish Kumar and others came there but in that continuation Philips Radio and wrist watch were also taken away. Reason behind the incident was last year''s incident of plucking of Litchi from informant''s tree. Further it is claimed that a Torch was left by accused appellants.

The trial is ended in conviction and sentence to the appellants for the offences under sections 323/149 and 452 of the Indian Penal Code.

In all five witnesses are examined in the case. They are P.W.1 Raviranjan Kumar brother of the informant, P.W.2 Rita Devi mother of the informant, P.W.3 Kaushal Kishore informant himself, P.W.4 Dr Bipin Bihari Rai and P.W.5 Kedar Nath Singh I.O. of the case.

The doctor is there to state the injuries on the person of the victim and the I.O. is on the point of investigation including recording statement of witnesses u/s 161 Cr.P.C.

Exhibit-1 is signature of informant over Fardbeyan, Exhibit-2 is injury report of Ravi Ranjan, Exhibit-3 is injury report of Kaushal Kishore and Exhibit-3/1 is injury report of Rita Devi.

P.Ws 1, 2 and 3 are there to state the prosecution case including receiving injuries at accused appellants'' hand having specific overt act of accused appellant no.1 Lokesh Kumar Srivastava.

Witnesses are well-discussed is not doubted by learned amicus curiae appearing for the accused appellants rather his submission is that incident if any took place in the year 1993 there was counter version of the case also for the incident of the same time and place and land dispute was there in between the parties that is followed by accused appellants being first offenders that is further followed by no repetition of any crime of the similar nature or of any nature so, they should have been given benefit under the probation of Offenders Act.

I am fully in agreement to the submission advanced on behalf of accused appellants but one of them namely appellant no.1 Lokesh Kumar Srivastava remained in custody since 7.6.1993 to 19.7.1993 so, again releasing him on execution of probation bond is of no use for him but rest of accused appellants were never sent to judicial custody for any period. Therefore, the nature of relief in discussed circumstance is differentiated for the accused appellant Lokesh Kumar Srivastava by sentencing him for the period undergone by him in course of trial and for rest appellants, directing them to execute probation bond for a period of one year on the observations made above.

Accordingly, the appeal is dismissed. The judgment of conviction dated 27.8.1999 passed in S.T.no. 220 of 1994 is affirmed and the sentence is modified to the extent that the same is minimised to the period undergone by accused appellant no.1 Lokesh Kumar Srivastava in course of trial and remaining appellants namely appellants 2 to 7 instead of serving any sentence at the stage be released on their execution of probation bond before the court below giving undertaking to appear and receive sentence within a period of one year if called upon within such period with further undertaking to keep peace and be of good behaviour during such period.

As the appellants are on bail, they shall stand discharged from liabilities of their respective bail bonds only on furnishing of their probation bond exempting Lokesh Kumar Srivastava appellant no.1.

Copy of judgment along with lower court records be sent back to the trial court forthwith.

Let a copy of first page and last page of this judgment be handed over to learned Amicus Curiae for needful.