The High Court dismissed the criminal appeal. The court deferred to the trial court's findings that the injury resulted from a motorcycle accident rather than an assault under Section 307 of the Penal Code, rejecting the prosecution's claim of an election-related assault.
Criminal Appeal 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.621 of 2013
===================================================== Maheshwar Thakur, son of Late Ram Prasan Thakur, resident of village-Koiari, P.O. Bhogari, P.S. Sursand, District-Sitamarhi. .... .... Appellant. Versus 1. The State of Bihar. 2. Ravi Thakur, son of Ram Jatan Thakur. 3. Radhvendra Kumar, son of Ram Pravesh Thakur alias Bittu. 4. Bhola Paswan, son of Khopi Paswan. 5. Mukesh Paswan, son of Surendra Paswan. 6. Jay Kishore Paswan, son of Dhubi Paswan. All resident of village-Koiari, P.O. Bhogari, P.S. Sursand, District-Sitamarhi. .... .... Respondents. ===================================================== Appearance : For the Appellant : M/s. Surendra Kumar Singh & Md. Kamaluddin Advocates. For the State : Mr. Ashwani Kumar Sinha, 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)
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2. Informant of Sursand P.S. Case No.121 of 2006
registered for the offence under Section 307 and other allied Sections of the Penal Code has filed this appeal assailing the Judgment dated 18.4.2013 passed in Sessions Trial No.230 of 2008, whereunder the prosecution story as set out in the aforesaid Sursand P.S. Case No.121 of 2006 has been disbelieved holding the occurrence to be the case of accident and not of assault.
3. In this connection, learned trial court has relied
Patna High Court CR. APP (DB) No.621 of 2013 (3) dt.10-07-2013 2/2
upon the evidence of P.W.10, Dr. Ramesh Pratap Shahi, who after examining the victim, i.e., son of the informant on 27.10.2006, the date of accident, in his Shanti Nursing Home, Shantinagar, Sursand, after providing first aid and pain killer injection referred the victim to P.M.C.H., Patna, as P.W. 10, Dr. Shahi was of the view that victim suffered serious head injury in the motorcycle accident. From paragraph-16 of the Judgment, it further appears, those who have taken the victim to Shanti Nursing Home for treatment by Dr. Ramesh Pratap Shahi, also informed Dr. Shahi that the victim has suffered motorcycle injury. Even the doctor examining the victim in P.M.C.H., Patna, found only one head injury contrary to the case of the prosecution that deceased suffered indiscriminate assault on his person. The trial court placing reliance on prosecution evidence concluded that victim suffered motorcycle accident and got the present case instituted on account of election dispute.
(V.N. Sinha, J)
(Rajendra Kumar Mishra, J)
Bhardwaj/-P.S.
2 issues framed by the court
Whether the criminal appeal challenging the acquittal due to accident theory should be allowed.
Whether the High Court should disturb the trial court's finding that the incident was an accident.
Maheshwar Thakur
The State of Bihar
Ravi Thakur
Radhvendra Kumar
Bhola Paswan
Mukesh Paswan
V.N. Sinha
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
