PARME HANSDA AND ANOTHER versus STATE OF BIHAR(NOW JHARKHAND)

Citation: [2006] SUPP. 9 S.C.R. 253 · Decided: 22-11-2006 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Appeal(s) allowed

Judgment (excerpt)

PARME HANSDA AND ANOTHER 
A 
v. 
STATE OF BIHAR(NOW JHARKHAND) 
NOVEMBER 22, 2006 
(S.B. SINHA AND MARKANDEY KA TJU, JJ.] 
B 
Penal Code, 1860; Ss. 304 and 342: 
Assault and murder-Father of informant caught by accused persons 
allegedly for committing theft-Assaulted by accused and villagers-Victim C 
succumbed to injuries-Trial Court found accused persons guilty of committing 
offences under Sections 304 and 342 JPC and sentenced them accordingly-
Affirmed by High Court-On appeal, Held: Deceased was attacked and 
beaten up not only by accused persons but also by villagers-No eye-
witnesses to the incident-Though some of the witnesses deposed that accused D 
had beaten the deceased but their evidence not reliable-Hence accused 
entitled to benefit of doubt-Conviction and sentence of the accused set 
aside-Directions issued. 
According to the prosecution, father of the first informant was caught 
by the accused persons allegedly for committing theft in their house and was E 
brutally assaulted by them and villagers. The first information report was 
lodged by the son of the deceased. Later, the victim succumbed to the injuries. 
The police investigated the matter and submitted charge sheet. Trial court 
found both the accused persons guilty of committing the crime under Sections 
304 and 342 IPC, convicted and sentenced them accordingly. An appeal was 
filed against the judgment of Trial Court, which was dismissed by the High F 
Court. Hence, the present appeal. 
Allowing the appeal, the Court 
HELD: 1.1. From the facts of the case it appears that the deceased had 
tried to commit theft in the house of the accused persons during the course G 
of which he was apprehended by the accused. They contacted the headman of 
the village and a Panchayat meeting was called, which imposed a fine of Rs. 
100/-. (255-Fl 
253 
H 
254 
SUPREME COURT REPORTS [2006] SUPP. 9 S.C.R. 
A 
1.2. There are no eye witnesses to the incident. No doubt, some of the 
witnesses have deposed before the trial court that it was the accused who beat 
the deceased; in view of the version given in the FIR the evidence on this point 
cannot be said to be totally reliable. 1256-CJ 
1.3. From perusal of the portion of the FIR, it seems that the deceased 
B was attacked by other villagers with lathi and danda. Thus the possibility that 
the deceased was beaten up by other villagers and not by the accused cannot 
be ruled out. Hence, they are entitled to the benefit of doubt. (256-8] 
CRIMINAL APPEL LA TE JURISDICTION : Criminal Appeal No. 115 of 
c 2006. 
From the Judgment and Order dated 5.5.2003 of the High Court of 
Jharkhand at Ranchi, in Crl.A. No. 38/91(P). 
Gaurav Agrawal for the Appellants. 
D 
B.B. Singh (for Krishnanand Pandey) for the Respondent. 
The Judgment of the Court was delivered by 
MARKANDEY KAT JU, J. This appeal has been filed against the 
judgment and order dated 5.5.2003 of the High Court of Jharkhand in Criminal 
E 
Appeal No. 38of1991(P). 
Heard learned counsel for the parties and perused the record. 
The prosecution case in brief is that Jharia Kisku, father of the first 
informant, had gone to Simlong Hatia on Monday and when he did not return 
F 
by night, then on the next day at about at 8 A.M., Prame Hansda (appellant 
No. I) informed the first informant that his father Jharia Kisku was caught 
while he was committing theft of one Bati in his house in the night of Monday 
and thereafter he was tied with a rope. Thereafter the first informant and 
others went to Baraghaghari and they found Jharai Kisku tied at the house 
G of the Pradhan. On their arrival a Panchayat was called for. It was stated that 
after committing theft of one Bati, Jharia Kisku was trying to flee away and 
thereafter he was caught and he was assaulted and tied with a rope. A sum 
of Rs. I 00/- was also imposed as fine by the Panchayat. On enquiry from 
Jharia Kisku, it was found that he was brutally assaulted by the appellants 
by Lathi and Danda by levelling false allegation of theft against him and he 
H 
' 
I 
PARMEHANSDA1,.STATEOFBIHAR(NOWJHARKHAND)[MARKANDEYKATJU,J.] 255 
was tied with a rope. The first information report was lodged accordingly. The A 
police investigated into the case and submitted a charge sheet in the case 
against the appellants. The appellants appeared before the Additional Sessions 
Judge where charge was framed under Sections 342 and 304 of the Indian 
Penal Code to which they pleaded not guilty. 
After considering the evidenc

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