(V. Gopala Gowda and Adarsh Kumar Goel, JJ.)
Rama Nand Singh ___________________________________ Appellant
v.
State of Bihar ____________________________________ Respondent
Criminal Appeal No. 692 of 2016 [Arising out of Special Leave Petition (Criminal) No. 1201 of 2015], decided on July 25, 2016
The Order of the court was delivered by
Order
1. Leave granted. This appeal has been preferred against the judgment and order dated 9th September, 2014 passed by the High Court of judicature at Patna in Criminal Appeal (DB) No. 337 of 1992 upholding the conviction of the appellant under Section 302/34 IPC for which he has been sentenced to life imprisonment.
2. It is not necessary to notice the facts in detail as the only point on which notice was issued relates to the nature of the offence. On 23rd March 1988 at 5.15 p.m., Hit Lal Singh-deceased was engaged in agricultural operations in his field along with his son Amiri Lal Singh-PW 8. Ram Kumar Singh (father of the appellant and the co-accused who died during the pendency of the proceedings), along with the appellant, whose house was just across the road of the field of the deceased, started abusing the deceased. This led to an altercation. The appellant caught hold of the deceased and the co-accused Ram Kumar Singh stabbed the deceased in his chest. This attracted other people on which the accused ran away. There was some land dispute for which litigation was pending which was the cause of enmity between the parties.
3. The prosecution produced number of witnesses including eye-witnesses whose evidence was found to be trustworthy. Accordingly, the appellant and the co-accused were convicted and sentenced by the trial court vide order dated 5th August, 1992 against which both the accused preferred appeal before the High Court. During the pendency of the said appeal, the co-accused Ram Kumar Singh died after he had served substantial part of the sentence. Appeal qua him was dismissed as abated. The appeal of the appellant was dismissed on merits.
4. Learned counsel for the appellant submits that the occurrence took place in the heat of the moment and the fatal injury was caused by the co-accused Ram Kumar Singh. In such a fact situation, the appellant could at best be attributed common intention of sharing knowledge of likelihood of death being caused and not of sharing common intention to cause death. The occurrence took place 28 years ago and the appellant was now of advanced age of 73 years.
5. Having regard to the facts and circumstances of the case, we are of the view that the case against the appellant fall under Section 304 Part II read with Section 34 IPC. Accordingly, the conviction of the appellant is modified and the sentence awarded is reduced to rigorous imprisonment for seven years.
6. The appeal is party allowed to the above extent.
Petition(s) for Special Leave to Appeal (Crl.) No(s). 1201/2015
Rama Nand Singh __________________________________ Petitioner
v.
State of Bihar _____________________________________ Respondent
Date: 25/07/2016 This petition was called on for hearing today.
(Before V. Gopala Gowda and Adarsh Kumar Goel, JJ.)
For Petitioner(s) Mr. Gaurav Agrawal, Adv.
Mr. Abhikalp Pratap Singh, Adv.
Mr. Prateek R., Adv.
For Respondent(s) Mr. Abhinav Mukerji, Adv.
Mr. Siddharth Garg, Adv.
Ms. Bihu Sharma, Adv.
Ms. Purnima Krishna, Adv.
UPON hearing the counsel the Court made the following
Order
7. Leave granted.
8. The appeal is partly allowed in terms of the signed order.
9. Pending application(s), if any, stands disposed of.
———
