The Jharkhand High Court dismissed the State's appeal against the acquittal of four accused in a dacoity case. The Court held that the trial court correctly acquitted the accused as their identity was not proved to the hilt based on the prosecution evidence.
The appeal filed by the State is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Govt. Appeal No. 6 of 1995 (R)
[ Against the judgment of conviction and order of sentence dated 05.05.1995 passed by the 5th Additional Sessions Judge, Giridih in Sessions Trial No. 73 of 1991/ 24 of 1991 ]
The State of Bihar
Versus
Nos. 3 and 4 are sons of Mitan Mandal
All are resident of village Gapai, Tola Mauna Tand, PS-Giridih (M), District-Giridih
… … Respondents
For the Appellant : Mr. Pankaj Kumar, APP For the Respondents : Mr. Deepak Kumar, Advocate Mr. Shailendra Jit, Advocate
P R E S E N T
CORAM: HON’BLE MR. JUSTICE VIRENDER SINGH, CHIEF JUSTICE HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
----- Dated: 07th September, 2016
Per Virender Singh, C.J.
In all, four accused namely, Kaila Malhar, Kuri Malhar, Sodhan Mandal and Guru Charan Mandal faced the trial for the charge under Sections 396, 397, 323 and 325 IPC. They have been acquitted vide judgment dated 05.05.1995 of the learned 5th Additional Sessions Judge, Giridih. Aggrieved thereof, the State has preferred the instant appeal.
2. It needs to be mentioned here that during the pendency of the instant appeal, Kaila Malhar-respondent no. 1 died, therefore, the instant appeal stands abated qua him.
3. Mr. Deepak Kumar, the learned counsel appears for the
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respondents.
4. We have heard the learned counsel for both the sides, perused the impugned judgment and the relevant material evidence available on trial court record. The case of the prosecution hinges upon the evidence of the informant. Admittedly, two of the accused namely, Sodhan Mandal and Guru Charan Mandal are not named in the First Information Report registered at the instance of P.W. 10, who is the real brother of the victim. Kaila Malhar (since dead) and Kuri Malhar were however, named. With regard to Sodhan Mandal and Guru Charan Mandal, Test Identification Parade was conducted by the prosecution after they were nabbed by the police, admittedly, after 20 days of arrest of Kaila Malhar and Kuri Malhar. Mother of the victim has identified Kaila Malhar and Kuri Malhar for the first time in the court. P.W. 10, who happens to be the first informant and the real brother of the victim, when stepped into the witness box did not say as to what role has been played by Kaila Malhar and Kuri Malhar in the commission of dacoity.
5. After re-scanning the entire prosecution evidence in its right perspective, we are of the considered view that the identity of the accused in the commission of the alleged offence is not proved to the hilt and that is the reason for earning acquittal by them vide impugned judgment. The judgment thus, appears to be the reasoned one and does not call for interference of this Court as the view taken by the learned trial court is based upon legal and admissible evidence. It is well settled that interference in an order of acquittal
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is warranted only when the trial court ignores or overlooks important circumstances and proved facts and mis-applies the principle of criminal jurisprudence or tries to gloss over them. In the present case the trial court is not faulty on any count.
6. Viewed thus, the instant appeal filed by the State thus, merits dismissal . Ordered accordingly.
(Virender Singh, C.J.)
(Shree Chandrashekhar, J.)
Jharkhand High Court, Ranchi Dated: 07th September, 2016 R.K. / Tanuj N.A.F.R.
2 issues framed by the court
Whether the impugned order of acquittal of the accused in dacoity charges is correct.
Whether the identity of the accused in the commission of the alleged offence is proved.
The State of Bihar
Kaila Malhar
Kuri Malhar
Sodhan Mandal
Guru Charan Mandal
Virender Singh
Shree Chandrashekhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
