Appeal against conviction where trial court, noting missing X-ray report, convicted respondents for minor offences instead of serious ones affirmed as correct.
Appeal dismissed; conviction for minor offences upheld.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.570 of 2013
====================================================== Nibha Pandey, daughter of Sri Ramjee Pandey, resident of village- Saran Dumari, P.S. Raghunathpur, District Siwan. .... .... Appellant. Versus 1. The State of Bihar. 2. Dayanand Pandey, son of Late Jagdeo Pandey, 3. Rahul Pandey @ Govind Saran Pandey, S/O Dayanand Pandey, Both Resident of village Baduwa, P.S. Raghunathpur, District- Siwan. .... .... Respondents. ====================================================== Appearance : For the Appellant/s : Mr. Naresh Prasad, Advocate. For the Respondent/s : Mr. Z. Hoda, 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)
2 01-07-2013 Heard. 2. Appellant is the informant of Raghunathpur P.S. Case No. 80 of 2009 registered for the offence under Sections 307, 380, 326, 323, 324 and 460 of the Penal Code. She has filed this appeal against the judgment dated 23rd of March, 2013 passed in Sessions Trial No. 177 of 2010 whereunder the prosecution story set out in her Fardbeyan has been partially disbelieved as the respondent nos. 2 and 3 have been convicted for minor offence under Sections 323, 324 and 380 of the Penal Code and not for the offence under Sections 326, 307 and 460 of the Penal Code.
Patna High Court CR. APP (DB) No.570 of 2013 (2) dt.01-07-2013
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procure X-ray report whereafter final opinion about the nature of the injury shall be recorded. The injured for the reasons best known to her and the informant did not choose to produce the X- ray report before the doctor examining the injured. The final opinion about the nature of the injury was not recorded by the doctor PW-7.
(V.N. Sinha, J)
Bhardwaj/-
(Rajendra Kumar Mishra, J)
2 issues framed by the court
Whether the trial court erred in convicting respondents for minor offences when severe injury was alleged but X-ray report was not produced.
Whether the failure to produce X-ray report justified the trial court's conclusion regarding the nature of the injury.
1 provisions across 1 enactments
Nibha Pandey
The State of Bihar
Dayanand Pandey
Rahul Pandey
V.N. Sinha
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
