9911796707
TMI Blog2004 (4) TMI 656X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs.2,000/- each with default stipulation for the offence punishable under Section 307 read with Section 34 IPC. 2. The prosecution version in a nutshell is as follows: Hare Ram Singh @ Manoj Singh (PW-6) who was the cousin of Sudhir Singh @ Bhoma (hereinafter referred to as the 'deceased') lodged fardbayan. He claimed to be an injured in the occurrence in question which took place on 22.1.1999. The occurrence is said to have taken place at 6.45 A.M. on that day in Ward No. 2 of Jail Hospital in Birsa Munda Central Jail, Ranchi and on the basis of fardbayan, Lower Bazar P.S. Case No. 12/99 was registered at 11.00 A.M. on that day and formal F.I.R. (Ext. 8/1) was drawn up. The said Fardbayan (Ext.8) along with the formal F.I.R. (Ext.8/1) was received in the court of C.J.M., Ranchi on 23.01.1999. 3. Recital in the fardbayan was that PW-6 had gone to Ward No. 2 of the Jail Hospital at 6.45 A.M. on 22.01.1999 as usual to his cousin deceased Sudhir Singh @ Bhoma from his Ward No. 6 of the Jail and he used to sit with Sudhir for the whole day and he also used to keep his clothes etc. there. Soon thereafter, when he was talking with deceased Sudhir Singh, accused- appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imposed on accused Anil Sharma a reference was made to the Jharkhand High Court under Section 366 of the Code of Criminal Procedure, 1973(in short the 'Code'). The High Court upheld the conviction as recorded by the trial Court but altered the sentence of death imposed on the accused appellant-Anil Sharma to one of life imprisonment. In substance, except the modification of sentence so far as accused appellant Anil Sharma is concerned, the appeal was dismissed. Evidence of witnesses was analysed in view of the stand that the so-called eye witnesses version is clearly not capable of acceptance. 6. In support of the appeals, it has been submitted that there was delay in recording the FIR. There was non-examination of many vital witnesses. Evidence of the defence witnesses was not carefully analysed. PW-6 later on made a statement under Section 164 of the Code that his evidence was recorded under pressure. There were exaggerations in respect of what had been indicated in the Fardbayan as recorded. Non production of the hospital register and non examination of the Warden and Head Warden, cast serious doubts on the veracity of the prosecution version and the Courts below sho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esses, the evidence of other PWs more particularly, PW-12 shows that the occurrence took place inside the jail. The concurrent views of the trial Court and the High Court should not be interfered with. The evidence of PWs 5 and 6 shows that they are reliable and believable. Merely because some documents have not been produced that does not in any way dilute the prosecution version or render the evidence of the eye-witnesses doubtful. No prejudice has been caused to the accused in any manner by not accepting the prevaricating stand of PW-6. 9. The evidence of PWs 5 and 6 has been attacked by the accused-appellants on the ground that their presence at the alleged spot of occurrence is not believable. Non-production of certain documents and non-examination of some of the official witnesses were pressed into service. It is true that PW-6 made an application for getting examined afresh and the same was turned down. Again the defence filed a similar application. The Court considered the same and found it to be without substance. PW-6 was examined in Court on 22.1.2000, 25.1.2000 and 27.1.2000. He made an application before Trial Court on 17.7.2001 about alleged pressure on him to depo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tional cases or extraordinary situation the Court can neither feel powerless nor abdicate its duty to arrive at the truth and satisfy the ends of justice. The Court ultimately can certainly be guided by the metaphor, separate the grain from the chaff, and in a case which has telltale imprint of reasonableness and genuineness in the prayer, the same has to be accepted, at least to consider the worth, credibility and the acceptability of the same on merits of the material sought to be brought in. 13. Non-production of documents which the appellants claim would have strengthened the claim of absence of PW-5 cannot in any way dilute the evidentiary value of the oral testimony. Even though the witnesses have been cross-examined at length, no material inconsistency has been elicited to discard the evidence of PWs 5 and 6. One of the pleas which was pressed into service is alleged relationship of PWs 5 and 6 with deceased and their criminal antecedents. As rightly noticed by the High Court on the aforesaid basis the evidence which is found truthful and credible otherwise should not be discarded. The Courts have to keep in view that in such matters deep scrutiny is necessary. After havi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 34 if such criminal act is done in furtherance of a common intention of the persons who join in committing the crime. Direct proof of common intention is seldom available and, therefore, such intention can only be inferred from the circumstances appearing from the proved facts of the case and the proved circumstances. In order to bring home the charge of common intention, the prosecution has to establish by evidence, whether direct or circumstantial, that there was plan or meeting of mind of all the accused persons to commit the offence for which they are charged with the aid of Section 34, be it pre-arranged or on the spur of moment; but it must necessarily be before the commission of the crime. The true contents of the Section is that if two or more persons intentionally do an act jointly, the position in law is just the same as if each of them has done it individually by himself. As observed in Ashok Kumar v. State of Punjab 1977CriLJ164 , the existence of a common intention amongst the participants in a crime is the essential element for application of this Section. It is not necessary that the acts of the several persons charged with commission of an offence joi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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