Dismissed

Krishna Deo Singh v. The State Of Bihar and Ors.

Patna HC10 Jul 2013CR. APP (DB)/623/2013

Case brief

AI extract

What is this about?

In this criminal appeal challenging an acquittal in a murder case, the Patna High Court dismissed the appeal. The court stated it was not inclined to proceed with the matter and consequently disposed of the appeal against the judgments of the Additional Sessions Judge.

What did the court decide?

The appeal was dismissed as the High Court was not inclined to proceed with the matter.

Krishna Deo Singh 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.623 of 2013

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Krishna Deo Singh son of late Ashni Singh resident of village Bakhra, P.S. Saraiya, District Muzaffarpur, Bihar

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.... .... Appellant

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Versus

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The State of Bihar

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Sonu Singh @ Sonu Kumar son of Shri Ram Singh @ Siya Ram Singh resident of village Bakhra, P.S. Saraiya District Muzaffarpur, Bihar

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Pappu Singh son of late Parshuram Singh resident of village Bakhra, P.S. Saraiya District Muzaffarpur, Bihar

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Bhushan Sah son of Kishun Deo Sah resident of village Bakhra, P.S. Saraiya District Muzaffarpur, Bihar

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Dhiraj Kumar son of Shashi Bhushan Prasad Shrivastava resident of village Bakhra, P.S. Saraiya District Muzaffarpur, Bihar

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.... .... Respondents

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====================================================== Appearance : For the Appellant : M/s Bindhyachal Singh & Narendra Kumar Singh, Advocates For the State : Mr. Ajay Mishra, A.P.P.

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======================================================

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CORAM: HONOURABLE MR. JUSTICE V.N. SINHA and

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HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA

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ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE V.N. SINHA)

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3 10-07-2013 Heard learned counsel for the appellant and the State.

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Informant of Saraiya P.S. Case No. 113 of 2011 is the appellant herein. He has filed this appeal assailing the judgment dated 01.04.2013 passed by 2^nd Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 110, 111 of 2012 whereunder the prosecution case as set out in the aforesaid Saraiya P.S. case about the abduction and murder of his son has been disbelieved.

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It is submitted on behalf of the appellant that the

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Patna High Court CR. APP (DB) No.623 of 2013 (3) dt.10-07-2013

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court below ignoring the evidence of the eye-witnesses, P.Ws. 6 to 9 has acquitted Respondent nos. 2 to 5 on the ground that the eye-witnesses are related to the informant and not trustworthy as there is material contradiction in their evidence. It is further submitted that the aforesaid finding is not correct as one of the four eye-witnesses i.e. P.W.7 is not related to the informant yet disbelieved on such ground.

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From perusal of paragraph 20 of the impugned judgment, it appears that the trial court disbelieved the prosecution evidence because of the material contradiction in the evidence of the informant and his wife about the date and time of the information of abduction of their son. Prosecution case is that Ajeet Kumar victim and Manish Kumar had gone to Saraiya Market on 30.3.2011. Manish Kumar returned on 6.4.2011 meanwhile informant, P.W.9 had received ransom call on his mobile no. 7739800877 from mobile no. 8877249302 on 1.4.2011 at 6 P.M., 3 and 6.4.2011 yet had not reported the occurrence until 9.4.2011. Trial court further ignored the prosecution case as mobile details/ print out which is the basis of the prosecution case was never obtained and produced in the court. Statement of Manish Kumar who returned on 06.04.2011 leading to recovery of the bicycle from his relative cannot be

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Patna High Court CR. APP (DB) No.623 of 2013 (3) dt.10-07-2013

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used against other respondents as in the said statement Manish Kumar has neither accused himself nor named the respondents as deposed by the Investigating Officer, P.W.10.

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In view of above, we are not inclined to proceed with the appeal, which is dismissed.

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(V.N. Sinha, J)

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Arjun/-

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(Rajendra Kumar Mishra, J)

Krishna Deo Singh v. The State Of Bihar and Ors.

Case brief

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Krishna Deo Singh v. The State Of Bihar and Ors.

Case brief

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