This court dismissed a criminal appeal challenging the acquittal of an accused person who was not identified by witnesses. The court held the informant lacked standing to question the acquittal and dismissed the prayer to enhance co-accused sentences.
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.604 of 2013
====================================================== Gajendra Dubey son of late Paltan Dubey, resident of Mohalla-Pankha Toli (Maharaj Colony), P.S.-Kazi Mohammadpur, DistrictMuzaffarpur.
.... .... Informant/Appellant
Versus
1. The State Of Bihar. 2. Shatrughan Prasad @ Mamu son of late Bhola Prasad, resident of Village-Baharpur, P.S.-Kalyanpur, District-East Champaran. 3. Mintu Singh @ Dhruvanath Parasar son of late Gauri Shankar Mishra, resident of Village-Mohammadpur Badal, P.S.-Sakara, District-Muzaffarpur. 4. Ranjeet Jha son of Mr. Shambhu Jha, resident of VillageAgrail, P.S.-Singhia, District-Samastipur.
.... .... Respondents
===================================================== Appearance :
For the Appellant : Mr. Ajay Kumar Thakur, Adv. For the State : Mr. Ajay Mishra, 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)
3 08-07-2013 Heard learned counsel for the appellant and the State.
214 of 2006 has filed this appeal assailing the judgment dated 28.05.2013 passed in Sessions Trial Nos. 288 of 2009, 252 of 2010, 862 of 2008, 548 of 2010, whereunder learned trial court has acquitted respondent no. 2 of the charge under Sections 302, 307, 201/34, 120B of the Penal Code and Section 27 of the Arms Act and has convicted other respondents i.e. respondent nos. 3 and 4 for the aforesaid charge but sentenced them to undergo R.I. for
Patna High Court CR. APP (DB) No.604 of 2013 (3) dt.08-07-2013 2
life.
this appeal, which is dismissed.
(V.N. Sinha, J)
Bhardwaj/Safik
(Rajendra Kumar Mishra, J)
2 issues framed by the court
Whether the informant has locus standi to challenge the acquittal of an accomplice not identified by witnesses.
Whether the High Court can permit enhancement of sentences on appeal against acquittal of one accused.
3 provisions across 3 enactments
Gajendra Dubey
The State Of Bihar
Shatrughan Prasad @ Mamu
Mintu Singh @ Dhruvanath Parasar
Ranjeet Jha
V.N. Sinha
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
