Dismissed

Ram Bachan Pandey v. The State Of Bihar and Ors.

Patna HC26 Aug 2013CR. APP (DB)/797/2013

Case brief

AI extract

What is this about?

The High Court dismissed the criminal appeal filed by an injured appellant who was the victim of a 1997 case alleging attempted murder. The trial court acquitted respondents for failing to examine prosecution doctors and investigating officers despite summons. The High Court found the acquittal plausible as the appellant's daughter-in-law was not an eyewitness and the appellant's sole testimony wa

What did the court decide?

The appeal was dismissed as the view taken by the trial court appeared plausible and the case was closed due to non-appearance of official witnesses.

Ram Bachan Pandey 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.797 of 2013

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====================================================== Ram Bachan Pandey son of Late Ram Naresh Pandey, Resident of Village – Garahwa, Police Station – Pero, District Bhojpur .... .... Appellant Versus 1. The State of Bihar 2. Virendra Pandey son of Late Bhagwati Pandey, 3. Hare Ram Pandey son of Virendra Pandey 4. Rajendra Pandey son of Late Bhagwati Pandey 5. Hare Krishna Pandey son of Rajendra Pandey 6. Gorakh Pandey son of Late Bhagwati Pandey 2 to 6 are resident of Village – Garahwtha, Police Station – Pero, District Bhojpur .... .... Respondents ====================================================== Appearance : For the Appellant : Mr. Nitya Nand Tiwary, Advocate For the State : Mr. Abhimanyu Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA and HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA

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

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3 26-08-2013 Heard learned counsel for the appellant and the State. 2. By filing this appeal, the victim of Pero P.S. Case No. 111 of 1997, G.R. No. 1823 of 1997 registered for the offence under Section 307 and other allied Sections of the Indian Penal Code including Section 27 of the Arms Act, has challenged the judgment dated 14.5.2013 passed in Sessions Trial No. 209 of 2000 on the ground that trial court without examining the Doctor and the Investigating Officer of the case has acquitted Respondent nos. 2 to 6 disbelieving the prosecution case set out by the informant, who is none-else but the son of the appellant, who died

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Patna High Court CR. APP (DB) No.797 of 2013 (3) dt.26-08-2013

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after lodging of the present case. According to the trial court, the ocular evidence of the appellant- injured and his daughter-in-law is not corroborated on account of the failure of the prosecution to examine the Doctor, the Investigating Officer who examined the injured and investigated the case.

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It appears from the order sheet of the trial court placed before us by filing supplementary affidavit today that summons for examination of the Doctor was issued at the address provided by the appellant himself, which is evident from order dated 24.11.2010 as also order dated 24.9.2012 in compliance whereof summons were issued to the Officer-in-charge and the C.M.O. through Superintendent of Police, Bhojpur vide Issue Nos. 539, 540 dated 12.10.2012, but the two witnesses did not choose to appear in spite of the matter being adjourned on 24.12.2012, 21.3.2013 and on very many subsequent dates.

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The case lodged in the year 1997, official witnesses not choosing to appear in spite of summons issued, the trial court had no option but to close the case. It appears from perusal of the First Information Report itself that the daughter-in-law of the appellant is not the eye-witness and in appreciation of such fact, trial court did not think it appropriate to rely on the sole testimony of the appellant to convict the respondents.

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Patna High Court CR. APP (DB) No.797 of 2013 (3) dt.26-08-2013

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In the facts and circumstances of the case, the view taken by the trial court appears to be plausible, as such, we are not inclined to proceed any further with the appeal, which is, accordingly, dismissed.

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(V.N. Sinha, J)

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(Rajendra Kumar Mishra, J)

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Arjun/-

Ram Bachan Pandey v. The State Of Bihar and Ors.

Case brief

What is this about?

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Ram Bachan Pandey v. The State Of Bihar and Ors.

Case brief

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