Supreme Court of India
ANUJ SINGH @ RAMANUJ SINGH @ SETH SINGHversusTHE STATE OF BIHAR
- Citation
- 2022 INSC 463
- Decided
- 22 April 2022
- Disposal
- Dismissed
- Bench
- N V RAMANA
Holding
The Supreme Court upheld the convictions of the appellants under Section 324 IPC and Section 27 of the Arms Act.
Summary
The appellants, Anuj Singh and Manoj Singh, were involved in a land dispute with Kumar Nandan Singh, who was repairing a wall. During an altercation, the appellants approached the scene armed with firearms and fired at the informant, causing injuries to his left foot and right arm; other accused used spears and lathis. The trial court convicted them under Section 307 IPC read with Section 34 and under Section 27 of the Arms Act. The High Court altered the IPC conviction to Section 324 (voluntarily causing hurt by a dangerous weapon) while confirming the Arms Act conviction. On appeal, the Supreme Court examined the credibility of the alibi, minor contradictions in witness statements, and the corroborative medical evidence, concluding that the evidence established the elements of Section 324 IPC and the use of a firearm under the Arms Act. Consequently, the Court upheld the convictions and dismissed the appeals.
Issues considered
- Whether the conviction of the appellants under Section 324 IPC and Section 27 of the Arms Act is sustainable.
- Whether the alibi pleaded by the appellant Manoj Singh is credible.
- Whether minor contradictions in the testimony of prosecution witnesses can defeat the prosecution case.
- Whether the medical evidence sufficiently corroborates that the injuries were caused by firearms.
Legislation cited
- Arms Act, 1959s. 27
- Indian Penal Code, 1860s. 307, s. 324, s. 334, s. 34
Subjects
land disputefirearm injurySection 324 IPCArms Actalibi defencewitness contradictionsmedical evidencecriminal trial
Judgment
[2022] 4 S.C.R. 1023 1023
ANUJ SINGH @ RAMANUJ SINGH @ SETH SINGH A
v.
THE STATE OF BIHAR
(Criminal Appeal No. 150 of 2020)
B
APRIL 22, 2022
[N. V. RAMANA, CJI, KRISHNA MURARI AND
HIMA KOHLI, JJ.]
Penal Code, 1860 : ss. 324, 307 r/w s. 34 – Voluntarily causing
hurt by dangerous weapons or means – Altercation between the C
one of the appellant and the informant, over a land dispute –
Appellants armed with guns fired upon the informant which hit his
left foot and the right arm – Other two accused assaulted the
informant with spear and lathis – Trial court convicted the appellants
u/s. 307 rw s. 34 and s. 27 of the Arms Act and sentenced accordingly
D
– High Court modified the conviction u/s. 307/34 to s. 324 and
awarded two years rigorous imprisonment with fine, while
confirming the conviction and sentence u/s. 27 of the Arms Act –
On appeal, held: Defence of plea of alibi by one of the appellant
does not inspire confidence – Testimony of the witnesses that the
appellants were present at the place of occurrence armed with guns E
and they caused the injury on informant cannot be discarded
because of minor contradictions – Medical evidence of the doctor
corroborates that the injuries on the informant were caused by
firearms – Evidence of prosecution witnesses that the two appellants
caused hurt on the body of the informant by using firearm on account
F
of an altercation – Charge of s. 324 of voluntarily causing injuries
by firearm-dangerous weapon, established against the appellants,
and as such they cannot escape the punishment for using arms
prescribed by s. 27 of the Arms Act – Thus, the High Court rightly
convicted the appellants for the offences punishable u/s. 324 and
s. 27 of the Arms Act – Criminal trial. G
Dismissing the appeals, the Court
HELD: 1.1 A bare perusal of the deposition of the witnesses
prove that the two appellants were present at the place of
occurrence with a firearm and injury was caused to the informant
H
1023
1024 SUPREME COURT REPORTS [2022] 4 S.C.R.
A due to the act of the appellants. The defence of plea of alibi taken
by appellant M that he was posted at Islampur Block does not
inspire confidence as there is no attendance register maintained
by the office and the prosecution witness has categorically stated
that the appellant M was present at the place of occurrence.
[Para 16][1033-D-E]
B
1.2 It is not disputed that there are minor contradictions
with respect to the time of the occurrence or injuries attributed
on hand or foot but the constant narrative of the witnesses is that
the appellants were present at the place of occurrence armed
with guns and they caused the injury on informant. However, the
C
testimony of a witness in a criminal trial cannot be discarded
merely because of minor contradictions or omission.
[Para 17][1033-E-G]
1.3 The evidentiary value of a medical witness is very crucial
to corroborate the case of prosecution and it is not merely a check
D
upon testimony of eyewitnesses, it is also independent testimony,
because it may establish certain facts, quite apart from the other
oral evidence. The medical evidence adduced by the prosecution
has great corroborative value as it proves that the injuries could
have been caused in the manner alleged. PW-8, doctor who
E examined the informant has clearly stated that all the injuries
attributed on the informant were caused by firearms and that
tattooing may not appear over the wound (injured area) if a person
fires from 6-7 ft. [Para 18][1034-D-F]
1.4 A detailed examination of prosecution witnesses clearly
F establishes that there was altercation between Informant and the
two appellants with respect to preventing the Informant from
repairing his wall; that all the witnesses unequivocally confirmed
the presence of the two appellants at the place of occurrence;
that all the eyewitness have confirmed that the two appellants
were armed with firearm; that the medical evidence of PW-8,
G
doctor corroborates that injuries inflicted on the Informant were
firearm injuries; and that the injuries were inflicted on the non-
vital part of the body of the Informant. [Para 19][1034-F-H]
H
ANUJ SINGH @ RAMANUJ SINGH @ SETH SINGH v. THE STATE 1025
OF BIHAR
1.5 The term “hurt” simply means performing an act which A
leads to physical pain, injury or any disease to a person. At times,
hurt may be caused voluntarily or it can by caused by using
dangerous weapons or mean. A person will be liable to have caused
hurt voluntarily through dangerous weapons and means under
Section 324 IPC. When a person commits an offence of voluntarily
B
causing hurt by dangerous weapons and means under Section
324 IPC, then such person shall be punished with imprisonment
for a period of three years, or with fine. [Paras 20-21][1035-B-C;
1036-B]
1.6 It is evident from the evidence of prosecution witnesses C
that the two appellants have caused hurt on the body of the
informant by using firearm on account of an altercation which took
place between the appellants and the informant. It also stands
corroborated from the evidence of the prosecution witness that
there existed previous enmity between the parties due to a land
dispute and the same can be perceived from their acts. Thus, the D
charge of Section 324 IPC stands established against the two
appellants. Once the charge against the appellants under Section
324 IPC of voluntarily causing injuries by firearm, which is a
dangerous weapon stands established, they cannot escape the
punishment for using arms prescribed by Section 27 of the Arms E
Act. [Para 22][1036-B-E]
1.7 The High Court has rightly convicted the appellants
for the offences punishable under Section 324 IPC and Section
27 of the Arms Act. There is no ground to interfere with the
impugned judgment. [Para 23][1036-E] F
Narayan Chetanram Chaudhary & Anr. Vs. State of
Maharashtra (2000) 8 SCC 457 : [2000] 3 Suppl. SCR
104 – referred to.
Case Law Reference G
[2000] 3 Suppl. SCR 104 referred to Para 17
H
1026 SUPREME COURT REPORTS [2022] 4 S.C.R.
A CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
No.150 of 2020.
From the Judgment and Order dated 16.01.2018 of the High Court
of Judicature at Patna in Cr. Appeal (SJ) No.69 of 2007.
With
B
Criminal Appeal No.151 of 2020.
Mrs. Anjana Prakash, Sr. Adv., Anuj Prakash, Ms. Jaikriti S. Jadeja,
Prabhat Ranjan Raj, Shantanu Sagar, Advs. for the Appellant.
Abhinav Mukerji, Saket Singh, Ms. Sangeeta Singh, Mrs.
C Niranjana Singh, Advs. for the Respondent.
Gaurav Agrawal, Adv. for the Intervenor.
The Judgment of the Court was delivered by
KRISHNA MURARI, J.
D 1. The appellants in these two connected appeals have challenged
the common judgment and order dated 16.01.2018 passed by the High
Court of Judicature at Patna (hereinafter referred to as ‘High Court’)
in Criminal Appeal (SJ) No. 69 of 2007 filed by the present appellants
modifying the judgment passed by the Trial Court convicting the appellants
E under Section 307 read with Section 34 Indian Penal Code (for short
‘IPC’) and confirming their conviction under Section 27 of the Arms
Act. The Trial Court after convicting the appellants under Section 307
read with Section 27 of the Arms Act, sentenced them to undergo five
years Rigorous Imprisonment under Section 307 and fine of Rs.5,000/-
and three years Rigorous Imprisonment under Section 27 of the Arms
F Act and a fine of Rs.2,000/-. On an appeal filed by them, the High Court
converted their conviction under Section 307 read with Section 34 IPC
to Section 324 IPC and awarded two years rigorous imprisonment with
a fine of Rs.5,000/- and three months simple imprisonment in case of
default. The sentence awarded to the appellant by the Trial Court of
G three years Rigorous Imprisonment under Section 27 of the Arms Act
was confirmed. Aggrieved by the same, the two appellants are before
us.
2. The prosecution case in brief is as under :-
On the basis of fardbeyan of PW-6 (injured informant), Kumar
H Nandan Singh made at the clinic of Dr. Himkar, the police
ANUJ SINGH @ RAMANUJ SINGH @ SETH SINGH v. THE STATE 1027
OF BIHAR [KRISHNA MURARI, J.]
registered an FIR being Case No. 312 of 1999 dated 10.10.1999, A
Police Station - Lakhi Sarai, under Sections 323, 307 read with
Section 34 IPC and Section 27 of the Arms Act. The injured
informant, PW-6, stated in his fardbeyan that on the fateful day at
about 05:30 PM, while he was repairing the ‘Kaccha Mud Wall’,
which had fallen down due to rain, with the help of hired labourers,
B
his neighbour, namely, accused–appellant, Manoj Singh came and
objected to repairing of the wall. The informant told him that the
land belongs to him, after which Manoj Singh went to his house
and came back again along with co-accused Anuj Singh having
guns in their hands. The other two accused, Praveen Singh and
Arvind Singh, also came having spears in their hands. It was further C
stated that Manoj Singh and Anuj Singh both with a malafide
intention to kill him, fired shots. The bullet shot fired from the gun
of Manoj Singh struck in the left leg and the bullet fired from the
gun of Anuj Singh hit the hand. It was further stated that Praveen
Singh and Arvind Singh assaulted him with the spear and lathi in D
their hands. On hearing gun shots, his family members and other
villagers came there. Seeing the people coming, all the four accused
ran away to their houses. It was further stated that he was brought
in an injured condition to the clinic of Dr. Himkar where on arrival
of police, the statement was recorded.
E
3. On the basis of the aforesaid statement made by the injured
informant PW-6, the FIR was registered on the same day, however, it
was not forwarded to the Court of Chief Judicial Magistrate on the
same day but was sent after two days i.e., on 12.10.1999. After
completing the investigation, the police submitted a charge-sheet against
the two appellants, Anuj Singh and Manoj Singh, under Section 307 IPC F
read with Section 27 of the Arms Act. The other two co-accused,
Praveen Singh and Arvind Singh, were charged under Section 307 read
with Section 34 IPC. The Additional Chief Judicial Magistrate took
cognizance against the accused persons on 01.09.2000 and the case
was committed to the Court of Sessions on 16.01.2001. G
4. The Trial Court after analyzing the statement made by the
prosecution witness and the evidence of the defence, vide judgment and
order dated 22.12.2006 convicted the accused appellants, Anuj Singh
and Manoj Singh, and the other two co-accused, Praveen Singh and
Arvind Singh, under Section 307 read with Section 34 IPC. The two
H
1028 SUPREME COURT REPORTS [2022] 4 S.C.R.
A appellants herein were also held guilty for the offence punishable under
Section 27 of the Arms Act. All the four accused were sentenced to
undergo five years of Rigorous Imprisonment under Section 307 IPC
read with Section 34 IPC along with a fine of Rs. 5,000/- each with
default clause of Rigorous Imprisonment for six months. The two
appellants herein were further sentenced to undergo Rigorous
B
Imprisonment for three years under Section 27 of the Arms Act with a
fine of Rs. 2,000/- each with default clause for three months on failure
to pay the fine.
5. Two sets of Criminal Appeals were filed before the High Court.
The two accused, Praveen Singh and Arvind Singh, filed Criminal Appeal
C (SJ) No. 16 of 2007 whereas the present appellants filed Criminal Appeal
(SJ) No. 69 of 2007 challenging their conviction and sentence.
6. The High Court decided both the appeals by common judgment
and order dated 16.01.2018 impugned herein. Insofar as, Criminal Appeal
(SJ) No. 16 of 2007 filed by Praveen Singh and Arvind Singh is concerned,
D the same was allowed by the High Court and their conviction and sentence
was set aside and they were exonerated.
7. Insofar as the Criminal Appeal (SJ) No. 69 of 2007 filed by the
two appellants herein is concerned, the High Court modified the conviction
under Section 307 IPC read with Section 34 IPC to Section 324 IPC and
E modified the sentence awarded under the said Section by the Trial Court
to Rigorous Imprisonment for two years with a fine of Rs. 5,000/- with
three months Simple Imprisonment in case of default. However, the
conviction of the two appellants and their sentencing under Section 27
of the Arms Act was confirmed.
F 8. We have heard Mrs. Anjana Prakash, learned Senior Counsel
appearing for the appellants and Mr. Abhinav Mukerji, Mr. Saket Singh,
learned counsel appearing on behalf of the Respondent State and Shri
Gaurav Agrawal, learned counsel appearing for the intervenor.
9. Mrs. Anjana Prakash, learned Senior Counsel appearing for
G the appellants vehemently submitted that though the conviction is under
Section 27 of the Arms Act but there is no material available on record
to indicate recovery of any gun or any seizure memo showing recovery
of any bullet or pellets from the spot. She also points out that even though
the fardbeyan was recorded on 10.10.1999 and First Information Report
was registered on the same day but the same was sent to the Court of
H
ANUJ SINGH @ RAMANUJ SINGH @ SETH SINGH v. THE STATE 1029
OF BIHAR [KRISHNA MURARI, J.]
Chief Judicial Magistrate on 12.10.1999 and in the absence of any A
explanation for delayed submission of FIR, the whole prosecution story
becomes doubtful.
10. After taking us through the statement of prosecution witnesses,
she pointed out the contradictions therein and vehemently submitted that
the contradictory statements made by the prosecution witnesses cast a B
serious shadow of doubt on the genuineness of the prosecution story
and, thus, the appellants have been wrongly convicted and are liable to
be discharged.
11. Learned Counsel appearing for the respondent and the
intervenor submitted that the High Court after analysing the statement C
of the witnesses has rightly convicted the appellants and there being no
illegality in the impugned order, the same does not warrant any
interference.
12. We have considered the arguments advanced by the learned
Counsel appearing for the parties and perused the record. D
13. The main issue arising in this appeal for our consideration is
whether conviction of the two appellants, Anuj Singh and Manoj Singh,
under Section 324 IPC and Section 27 of the Arms Act is sustainable?
14. The prosecution in all examined nine witnesses and two
witnesses were produced on behalf of the defence. An analysis of the E
testimony of the prosecution witness are as follows:
a) PW-1 and PW-2, Bidya Sagar and Anil Singh, were declared
as hostile by the prosecution.
b) PW-3 Janardhan Singh stated that on 10.10.1999 at 5:30
F
PM, an occurrence took place and at that time he came
from his field to Bajrangbali Mandir and saw Kumar Nandan
Singh who was repairing his wall. In the meantime, all the
accused person came and started abusing Kumar Nandan
Singh. After which, the accused persons went to their house
and Anuj Singh and Manoj Singh came back armed with G
gun while Praveen Singh and Arvind Singh came armed
with lathi and spear. Kumar Nandan Singh raised an alarm
and told everybody around him to escape from the place of
occurrence and in the meantime, the accused Manoj Singh
fired a bullet shot on Kumar Nandan Singh which hit his
H
1030 SUPREME COURT REPORTS [2022] 4 S.C.R.
A left foot. A second shot was fired by accused Anuj Singh
due to which Kumar Nandan Singh fell down. Thereafter,
all the accused persons ran away from the place of
occurrence. In his cross examination, PW-3 stated that
accused Manoj Singh was present at the time of occurrence.
He also stated that due to gun shot injury, blood was oozing
B
out from the body of Kumar Nandan Singh as a result of
which his clothes were stained with blood. He further stated
that Lakhisarai Referral Hospital is in between his house
and the clinic of Dr. Himkar, however, the doctor was not
available in the referral hospital. Therefore, Kumar Nandan
C Singh was taken to the private clinic of Dr. Himkar for
treatment.
c) PW-4 Naveen Singh has stated that occurrence took place
on 10.10.1999 at 5:00 PM. At that time, he was standing
near Bajrangbali Mandir and Kumar Nandan Singh was
D repairing his wall. In the meantime, accused Manoj Singh
came and wanted him to stop repairing the wall. Upon this,
an altercation took place between them and after that
accused persons returned back to their home. Accused
Manoj Singh and Anuj Singh came back from their home
and fired upon Kumar Nandan Singh which hit his foot and
E
hand. The accused person fled away on hearing that an
alarm was raised. In his cross-examination, PW-4 admitted
that there was blood oozing out from his foot and hand due
to bullet shot injury. He also stated that accused Manoj
Singh is in Government Service but he was present at the
F place of occurrence.
d) PW-5 Gauri Shankar Singh is one of the signatories of the
fardbeyan but he has not proved his signature on fardbeyan.
He has stated that the occurrence took place on 10.10.1999
at 5:00 PM and at the time, Kumar Nandan Singh was
G repairing his wall and accused Manoj Singh came and
wanted to stop the repairing work. An altercation took place
between the two and after that accused Manoj Singh ran
towards his house and came back with a gun in his hand.
Anuj Singh also had a gun in his hand while Praveen Singh
and Arvind Singh were carrying spear and lathi in their hand
H
ANUJ SINGH @ RAMANUJ SINGH @ SETH SINGH v. THE STATE 1031
OF BIHAR [KRISHNA MURARI, J.]
respectively. Accused Manoj Singh opened fire upon Kumar A
Nandan Singh as a result of which he sustained injury on
his leg and Anuj Singh fired upon Kumar Nandan Singh
which hit the arm of Kumar Nandan Singh. In his cross-
examination, PW-5 admitted that there is an ongoing dispute
between the accused persons and Kumar Nandan Singh.
B
He also stated that blood was oozing out from his hand and
foot due to the bullet shot injury. He further stated that
Manoj Singh and Anuj Singh fired the bullet shot from a
distance of 6-7 hands and both bullet shots were fired from
the same distance.
C
e) PW-6 Kumar Nandan Singh, the injured and informant of
the case has stated that occurrence took place on 10.10.1999
at 5.30 PM and at that time, he was repairing his wall.
Accused Manoj Singh came on a motorcycle and asked
him why he was repairing the wall on the roadside for which
he replied saying that he was erecting wall on his own land. D
Subsequent to which, altercations took place between the
two. Accused Manoj Singh and Anuj Singh came with guns
and Arvind Singh and Praveen Singh came with lathis.
Thereafter, Accused Manoj Singh and Anuj Singh fired upon
him which hit his left foot and right arm as a result of which
E
he fell down and became unconscious. He was immediately
taken to the private clinic of Dr. Himkar whereby he was
given the treatment. In his cross-examination, PW-6
admitted that partition between him and accused person
took place 30 years ago and he further stated that he cannot
say whether there was any blood oozing out from his body F
as he was unconscious. He also stated that his dhoti and
kurta were stained with blood and on showing it to the sub-
inspector, he did not take the same.
f) PW-7 Jagdish Singh stated that at the time of occurrence,
he saw Kumar Nandan Singh was constructing the G
boundary wall by extending it on the road. Upon this,
Praveen Singh, Anuj Singh and Arvind Singh came there
and started assaulting Kumar Nandan Singh. On raising
alarm, Vinod Singh came with a pistol and fired upon Kumar
Nandan Singh as a result of which he sustained injuries on
H
1032 SUPREME COURT REPORTS [2022] 4 S.C.R.
A his leg and hand. In his cross-examination, PW-7 stated
that accused Manoj Singh was not present at the place of
occurrence.
g) PW-8, Dr. Himkar is said to have examined the injured
informant, Kumar Nandan Singh. He stated that on
B 10.10.1999 while he was posted as Additional P.H.C
Parsama, he examined Kumar Nandan Singh and found
the following injuries:
“I. (A) Wound of entry- Lacerated wound of about
1/6” diameter with inverted margin over dorsum of
C right forearm about 2" proximal to corresponding
wrist. There was charring of skin.
(B) Wound of exit- Lacerated wound of about ¼”
diameter averted margin over the dorsum of right
forearm at the same level of wound A.
D
II. (A) Lacerated wound of about 1/6" diameter over
lateral aspect of left Leg about 6" distal to left knee.
It was the wound of entry since the margin of the
wound was inverted.
E (B). Wound of exit- Lacerated wound of about ¼”
diameter over the lateral aspect of left leg and at the
same level of wound IIA. Margin of wound was
inverted.
(III) Age of injuries within six hours. All injuries are
F caused by fire arms and simple in nature.”
In his cross examination, he stated that in his private
capacity, he treated the injured informant and has also stated
that he had informed the police about the same. He further
stated that he cannot say about the position of entry and
G exit of the wound when one fires beyond 5 feet. He further
stated that he has not found any blunt object and the legs
and hands are not vital part of the body.
h) PW-9 Ram Anup Mahto, the IO of the case has stated that
on 10.10.1999, he was posted at lakhisarai PS and on the
H same day, he was entrusted with the investigation of this
ANUJ SINGH @ RAMANUJ SINGH @ SETH SINGH v. THE STATE 1033
OF BIHAR [KRISHNA MURARI, J.]
case. During the investigation, he took the statement of the A
informant and he visited the place of occurrence which is
situated at Village Sodhi. He also stated that a dispute was
going on between the parties over the said land and he
further took the statement of other witnesses. In his cross-
examination, he stated that he has not taken the statement
B
of the accused.
15. On behalf of the defence, two witnesses have been examined.
DW-1 is Shivendu Ranjan, who has been examined on the point of alibi
and he has stated that accused Manoj Singh was posted at Islampur
Block as junior engineer and he was not present at the place of occurrence
on the relevant date. DW-2 is Manish Kumar, who has accepted the C
original letter sent by B.D.0., lslampur to S.I. Lakhisarai (Ext. A), which
was issued on the basis of checking of attendance register.
16. A bare perusal of the deposition of the witnesses prove that
the two appellants, Anuj Singh and Manoj Singh were present at the
place of occurrence with a firearm and injury has been caused to the D
informant PW-6 due to the act of the Appellants. The defence of plea of
alibi taken by appellant Manoj Singh that he was posted at Islampur
Block does not inspire confidence as there is no attendance register
maintained by the office and the prosecution witness has categorically
stated that the Appellant, Manoj Singh was present at the place of E
occurrence.
17. It is not disputed that there are minor contradictions with respect
to the time of the occurrence or injuries attributed on hand or foot but
the constant narrative of the witnesses is that the appellants were present
at the place of occurrence armed with guns and they caused the injury F
on informant PW-6. However, the testimony of a witness in a criminal
trial cannot be discarded merely because of minor contradictions or
omission as observed by this court in Narayan Chetanram Chaudhary
& Anr. Vs. State of Maharashtra1. This Court while considering the
issue of contradictions in the testimony, while appreciating the evidence
in a criminal trial, held that only contradictions in material particulars and G
not minor contradictions can be a ground to discredit the testimony of
the witnesses. Relevant portion of para 42 of the judgment reads as
under:
1
(2000) 8 SCC 457 H
1034 SUPREME COURT REPORTS [2022] 4 S.C.R.
A “42. Only such omissions which amount to contradiction in
material particulars can be used to discredit the testimony of
the witness. The omission in the police statement by itself would
not necessarily render the testimony of witness unreliable.
When the version given by the witness in the court is different
in material particulars from that disclosed in his earlier
B
statements, the case of the prosecution becomes doubtful and
not otherwise. Minor contradictions are bound to appear in
the statements of truthful witnesses as memory sometimes plays
false and the sense of observation differ from person to
person. The omissions in the earlier statement if found to be
C of trivial details, as in the present case, the same would not
cause any dent in the testimony of PW 2. Even if there is
contradiction of statement of a witness on any material point,
that is no ground to reject the whole of the testimony of such
witness.”
D 18. The evidentiary value of a medical witness is very crucial to
corroborate the case of prosecution and it is not merely a check upon
testimony of eyewitnesses, it is also independent testimony, because it
may establish certain facts, quite apart from the other oral evidence. It
has been reiterated by this court that the medical evidence adduced by
E the prosecution has great corroborative value as it proves that the injuries
could have been caused in the manner alleged. In the case at hand, PW-
8, Dr. Himkar who examined the informant PW-6 has clearly stated that
all the injuries attributed on the informant were caused by firearms and
that tattooing may not appear over the wound (injured area) if a person
fires from 6-7 ft.
F
19. A detailed examination of prosecution witnesses clearly
establishes:
i. That there was altercation between Informant PW-8 and
the two appellants Anuj Singh and Manoj Singh with respect
G to preventing the Informant Pw-8 from repairing his wall.
ii. All the witnesses unequivocally confirmed the presence of
the two appellants at the place of occurrence on 10.10.1999.
iii. All the eyewitness have confirmed that the two appellants
Anuj Singh and Manoj Singh were armed with firearm.
H
ANUJ SINGH @ RAMANUJ SINGH @ SETH SINGH v. THE STATE 1035
OF BIHAR [KRISHNA MURARI, J.]
iv. The medical evidence of PW-8, Dr. Himkar corroborates A
that injuries inflicted on the Informant PW-8 were firearm
injuries.
v. Injuries were inflicted on the non-vital part of the body of
the Informant PW-8.
B
20. It is a well-known fact that the term “hurt” simply means
performing an act which leads to physical pain, injury or any disease to
a person. At times, hurt may be caused voluntarily or it can by caused by
using dangerous weapons or mean. A person will be liable to have caused
hurt voluntarily through dangerous weapons and means under Section
324 IPC which reads as under:- C
“324. Voluntarily causing hurt by dangerous weapons or
means.—Whoever, except in the case provided for by section
334, volun-tarily causes hurt by means of any instrument for
shooting, stab-bing or cutting, or any instrument which, used
as weapon of offence, is likely to cause death, or by means D
of fire or any heated substance, or by means of any poison
or any corrosive substance, or by means of any explosive
substance or by means of any substance which it is deleterious
to the human body to in-hale, to swallow, or to receive into
the blood, or by means of any animal, shall be punished with E
imprisonment of either de-scription for a term which may
extend to three years, or with fine, or with both.”
21. To establish an offence under Sec 324 IPC, the presence of
following ingredients is a must which are as follows:-
1. Voluntary hurt caused to another person by the accused, F
and
2. Such hurt was caused:
a. By any instrument used for shooting, cutting or
stabbing, or any other instrument likely to cause death, G
or
b. By fire or other heated instruments, or
c. By poison or other corrosive substance, or
d. By any explosive substance, or
H
1036 SUPREME COURT REPORTS [2022] 4 S.C.R.
A e. By a substance that is dangerous for the human body
to swallow, inhale, or receive through blood, or
f. By an animal.
When a person commits an offence of voluntarily causing hurt by
dangerous weapons and means under Section 324 of Indian Penal Code,
B then such person shall be punished with imprisonment for a period of
three years, or with fine.
22. In the case at hand, it is evident from the evidence of
prosecution witnesses that the two appellants have caused hurt on the
body of the informant, PW-8 by using firearm on account of an altercation
C which took place between the appellants and the informant PW-8. It
also stands corroborated from the evidence of the prosecution witness
that there existed previous enmity between the parties due to a land
dispute and the same can be perceived from their acts. Thus, the charge
of Section 324 IPC stands established against the two appellants. Once
D the charge against the appellants under Section 324 IPC of voluntarily
causing injuries by firearm, which is a dangerous weapon stands
established, they cannot escape the punishment for using arms prescribed
by Section 27 of the Arms Act.
23. From the analysis of the above facts and circumstances, the
E High Court has rightly convicted the appellants for the offences
punishable under Section 324 IPC and Section 27 of the Arms Act. We
do not find any good ground to interfere with the impugned judgment.
The appeals lack merits and are accordingly dismissed.
Nidhi Jain Appeals dismissed.
F
G
H
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.
Try "land dispute"Sign in to search