Devendra SinghversusThe State Of Bihar

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL APPEAL (SJ) No.50 of 2016

     Arising Out of PS. Case No.-10 Year-2004 Thana- SANDESH District- Bhojpur
======================================================
Devendra Singh S/o Bhuneshwar Singh @ Munna Singh R/o Village- Trikoul,
P.S.- Sandesh, District- Bhojpur Ara.

                                                                 ... ... Appellant/s
                                     Versus
The State Of Bihar

                                          ... ... Respondent/s
======================================================
Appearance :
For the Appellant/s    :        Mr. Bachan Jee Ojha, Advocate
For the Respondent/s   :        Mr. Sujeet Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL JUDGMENT
 Date : 08-07-2026

             1. Heard learned counsel appearing for the appellant

 and learned Additional Public Prosecutor appearing for the

 State.

             2. This appeal has been filed challenging the

 judgment of conviction dated 12.01.2016 and order of sentence

 dated 15.01.2016 passed by the learned Additional District

 Judge-I, Bhojpur at Ara in Sessions Trial No. 327 of 2006 in

 connection with Sandesh P.S. Case No. 10 of 2004 whereby and

 whereunder appellant has been convicted for committing

 offence under Sections 326 and 341 of the Indian Penal Code

 and has been sentenced to undergo simple imprisonment for ten

 years with a fine of Rs. 20,000/- for the offence punishable
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         under Section 326 IPC and simple imprisonment for one month

         and fine of Rs. 200/- for the offence punishable under Section

         341 IPC. Both sentences have been directed to run concurrently.

                      3. The prosecution case, as unfolded in the fardbeyan

         of the informant, Binita Devi, is that on 23.02.2004 at about

         1:00 P.M., she was proceeding towards her orchard situated near

         village Drikaul. When she reached near a mango tree, the

         appellant, who was allegedly hiding behind the said tree, armed

         with a sharp-cutting weapon (dab resembling a sword),

         suddenly intercepted her. The appellant threatened to kill her

         and thereafter assaulted her repeatedly by means of the said

         weapon. In an attempt to save herself, the informant raised her

         left hand, but sustained grievous injuries on her left elbow,

         shoulder and head. Owing to the injuries sustained, she fell

         unconscious at the place of occurrence. It has further been

         alleged that immediately prior to the occurrence, the appellant

         had entered the orchard belonging to the informant's family and

         had plucked ripe as well as unripe plum fruits. On being

         protested by the informant, an altercation ensued between them

         during which abusive language was exchanged. The prosecution

         has further alleged that the orchard had been purchased by the

         father of the informant from Muneshwar Singh and was under
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         the possession and cultivation of the informant's family. The

         injured was initially taken to Referral Hospital, Sandesh and

         was thereafter referred to Sadar Hospital, Ara for better

         treatment, where her fardbeyan was recorded.

                      4. On the basis, thereof, Sandesh P.S. Case No. 10 of

         2004 was instituted under Sections 341, 326 and 307 of the

         Indian Penal Code along with Section 3(1)(xi) of the Scheduled

         Castes and Scheduled Tribes (Prevention of Atrocities) Act.

         Upon completion of investigation, the Investigating Officer

         submitted charge-sheet against the appellant and the case was

         eventually committed to the Court of Sessions. The appellant

         pleaded not guilty and claimed to be tried. The Trial Court

         acquitted appellant from the charges levelled against him u/s

         307 IPC and Section 3(1)(xi) of the SC/ST (PoA) Act.

                      5. In this case, in order to bring home guilt of the

         accused persons, the prosecution has examined altogether six

         witnesses. P.W. 1, namely, Binita Devi is the informant and

         injured witness. She has fully supported the prosecution case

         and deposed that on the date and time of occurrence, appellant

         suddenly emerged from behind the mango tree carrying dab and

         assaulted her repeatedly. P.W. 2, namely, Ful Kumar is the

         mother of informant and has corroborated the testimony of P.W.
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         1. She deposed that upon hearing the cries of her daughter, she

         rushed towards the orchard and found her lying unconscious

         with bleeding injuries over the head, shoulder and left hand.

         P.W. 3, namely, Birendra Prasad Singh is the Investigating

         Officer who recorded the statements of the witnesses, inspected

         the place of occurrence and prepared the seizure list. P.W. 4,

         namely, Dr. Meena Vajpayee, is the Medical Officer who

         examined the injured and found three incised wounds, grievous

         in nature. P.W. 5, namely, Mogal Chaudhary is a seizure list

         witness who deposed that there had been an altercation between

         the parties over plucking of plum fruits. P.W. 6, namely, Bish

         Kumar Chaudhary is a seizure list witness who deposed that

         after the quarrel relating to plucking of plum fruits, the appellant

         returned, armed with sword. On hearing alarm, he rushed to the

         place of occurrence and found the informant lying unconscious

         while appellant fled away.

                      6. After hearing the parties, the learned trial court

         convicted this appellant and sentenced him, as indicated in the

         opening paragraph of this order.

                      7. From the evidence adduced, it appears that both the

         parties are co-villagers and the occurrence took place on the

         spur of the moment over plucking of plum fruits from the
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         orchard of informant. It is further contended that the appellant

         would have intended to take away the life of informant, he had

         ample opportunity to do that as there was no intervening

         circumstance and no one had come forward to rescue the

         informant from onslaught made by the appellant but he left the

         informant after causing a few injuries. At the time of

         occurrence, appellant was a young boy aged about 19 years and

         he has already remained in custody for about one and a half year

         with no complaint of any misconduct. I feel that end of justice

         would be met if the sentence is reduced to the period already

         undergone.

                      8. Accordingly, the impugned judgment of conviction

         is upheld and the order of sentence dated 15.01.2016 passed by

         the learned Additional District Judge-I, Bhojpur at Ara in

         Sessions Trial No. 327 of 2006 in connection with Sandesh P.S.

         Case No. 10 of 2004 is modified and the sentence awarded to

         the appellant is reduced to the period he has already undergone.

                      9. In that view of the matter, appellant, above named,

         is discharged from the liability of the bail bonds in connection

         with this case.

                      10. Accordingly, this appeal stands disposed of.

                      11. Interlocutory application/s, if any, also stands
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                      disposed of.




                                              (Prabhat Kumar Singh, J)
Navya/-
AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          10.07.2026
Transmission Date       10.07.2026