The High Court dismissed an appeal by the informant against acquittals in a murder and abduction case. The trial court acquitted accused for lack of proof as essential prosecution witnesses were not examined. The High Court held there was no reason to disturb the trial court's findings.
<b><i>(V.N. Sinha), R.K. Mishra</i></b>
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.466 of 2013
======================================================
Ramji Singh Son Of Late Nathuni Singh Resident Of Village Thakurai Parsian, P.S.- Nasriganj, District- Rohtas
.... .... Appellant Versus
.... .... Respondents
Patna High Court CR. APP (DB) No.466 of 2013 (6) dt.11-07-2013
2
====================================================== Appearance : For the Appellant : Mr. Bikramdeo Singh, Advocate. Mr. Dharmendra Kumar Singh, Advocate. For the State : Mr. Abhimanu Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA and HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE V.N. SINHA) 6 11-07-2013 Heard learned counsel for the appellant and the State.
Patna High Court CR. APP (DB) No.466 of 2013 (6) dt.11-07-2013
3
relevant to notice that as per the prosecution story the victim/deceased was confined in the house of the respondents, the villagers surrounded the house for the whole night but to support such fact none of the villager has come forward. In this connection, it is also relevant to notice that P.W. 1 in paragraph 17 of his evidence has also admitted that he went to the Police Station after seven days of the occurrence to put his signature over inquest-report, seizure-list. Trial court having noticed the evidence of P.W. 1 in paragraph 17 has doubted the genuineness of inquest-report, seizure-list.
recorded by the trial court. The appeal is dismissed.
(V.N. Sinha, J)
(Rajendra Kumar Mishra, J)
P.K.P.
3 issues framed by the court
Whether the High Court should disturb the trial court's finding of acquittal due to lack of evidence.
Whether the failure to examine prosecution witnesses including injured eyewitnesses warrants setting aside the acquittal.
Whether doubts regarding the genuineness of the inquest-report and seizure-list justify interfering with the acquittal.
1 provisions across 1 enactments
Ramji Singh Son Of Late Nathuni Singh
State of Bihar
Mukhdeo Singh Son of Ram Lal Singh
Shiv Kishore Singh Son Of Nand Lal Singh
Wakil Singh Son Of Garju Singh
Nagendra Singh Son Of Amar Kishore Singh
V.N. Sinha
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
