Dismissed

Md. Mansur Alam v. The State Of Bihar and Ors.

Patna HC11 Jul 2013CR. APP (DB)/198/2013

Case brief

AI extract

What is this about?

The High Court dismissed a criminal appeal challenging the acquittal of respondents charged under IPC Section 307. The court found no infirmity in the trial court's approach and refused to interfere with the plausible view of evidence taken by the lower court.

What did the court decide?

The appeal was dismissed with an observation that findings would not affect the merit of the counter case.

Md. Mansur Alam Vs The State Of Bihar and Ors. — Murder and Culpable Homicide | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.198 of 2013

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Md. Mansur Alam, son of late Abdul Jabbar of Village- Kashba Gogri, P.S.Gogri, district- Khagaria

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.... .... Appellant Versus 1. The State of Bihar 2. Md. Abdul Rajjak, son of Abdul Mia 3. Md. Isharat @ Mangan, son of Md. Abdul Rajjak 4. Md. Sohail Ansari, son of Md. Abdul Rajjak 5. Md. Abid Ansari, son of Abdul Rajjak. All residents of village- Kashba Gogri, P.S.- Gogri, district- Khagaria .... .... Respondents ====================================================== Appearance : For the Appellants : Mr. Ramakant Sharma, Sr. Advocate. Mr. Lakshmi Kant Sharma, Advocate. Mr. Rajesh Kumar, Advocate. For the State : Mr. G.P. Jaiswal, A.P.P.

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====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA and HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE V.N. SINHA)

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5 11-07-2013 Heard learned counsel for the appellant and the State. None appears for Respondent Nos. 2 to 5 though Vakalatnama has been filed on their behalf.

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Informant of Gogri P.S. Case No. 301/03 appertaining to G.R. No. 1668/03 dated 13.5.2004 has filed this appeal assailing judgment dated 31.1.2013 passed by Ad hoc Additional Sessions Judge-I, Khagaria in Sessions Trial No. 151/2006, whereunder Respondent Nos. 2 to 5 have been acquitted of the charge under Section 307/34 and other allied Sections of the Penal Code giving them benefit of doubt.

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It appears, present case is the counter version of the occurrence which was lodged as Gogri P.S. Case No. 300/03 asserting that informant of the present case was coming to his house from the orchard after attending the call of nature, suffered

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Patna High Court CR. APP (DB) No.198 of 2013 (5) dt.11-07-2013

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accidental push from Respondent No. 5 which led to altercation between them. Soon thereafter it is said that respondent no. 5 and his father, two brothers, Respondent Nos. 2 to 4 returned and forcibly entered the house of the informant and assaulted the informant, his wife and the sons inside the house. To support the occurrence, informant examined himself, wife, sons and three independent witnesses. The three independent witnesses P.W. 1,2,7 have not supported the occurrence as eye-witness. The other independent witness as per the charge-sheet Md. Mokhtar who reported the occurrence to the police has not been examined in court to support the occurrence. X-ray report to suggest that the injury suffered by the prosecution party was serious has also not been produced. Court below having considered the prosecution case and the infirmities therein has given reasons in paragraph 19 of its judgment not to accept the prosecution version as deposed by informant, his wife and sons.

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We do not find any infirmity in the approach of the trial court. Trial court having taken a plausible view of the evidence produced, we do not find any reason to interfere with the same. The appeal is dismissed, however, with observation that any finding recorded by the trial court or by us will not affect the merit of the counter case.

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(V.N. Sinha, J)

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(Rajendra Kumar Mishra, J)

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P.K.P.

Md. Mansur Alam v. The State Of Bihar and Ors.

Case brief

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Md. Mansur Alam v. The State Of Bihar and Ors.

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