The Patna High Court disposed of a government appeal challenging an acquittal by a Sessions Judge. The court found no merit in the appeal, holding the acquittal was not perverse despite witness contradictions and lack of medical corroboration for the dying declaration.
Government appeal dismissed; original acquittal upheld.
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 Govt. Appeal (DB) No. 75 of 1994
Arising Out of PS.Case No. -123 Year- 1981 Thana –UDWANT NAGAR District- BHOJPUR, ARA
=========================================================== The State of Bihar
.... .... Appellant
Versus
All resident of village-Jetaria, P.S. Udwant Nagar, District Bhojpur
.... .... Respondents
=========================================================== Appearance : For the Appellant : Mr. Shyameshwar Dayal, A.P.P. For the Respondent s : Mr. Pranav Kumar, Adv. J/C Kumari Seema Singh, Adv.
=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA
and
HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) Date: 03-01-2018
Heard learned counsel for the appellant as well as
learned counsel appearing for the respondents.
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of 1981 was registered on 15.11.1981 on the basis of ferdbeyan given by Khalifa Singh on the same day to S.I. K. Ram to this effect that on 15.11.1981 at about 06:00 A.M. he came out of his house and saw that one Radha Ram and his men were filling his field whereupon he forbade him to do so as he had purchased the said field but the above stated objection resulted into verbal altercation and the aforesaid Radha Ram ordered the others to assault. Thereafter, respondent no. 3, namely, Bazari Dusadh gave a bhala blow on his shoulder and Chhabila Dusadh gave lathi blow to him. Seeing this, Raghunath Singh (PW-7), Chandrama Yadav (PW-3) and Ramdeo Singh (PW-2) came to his rescue but respondent no. 2 and one Chhabila Dusadh assaulted Raghunath by means of lathi and bhala causing injury on his thigh and head. Similarly, respondent no. 6 Ramdhari Ram assaulted Ramdeo Singh by means of bhala causing injury on his arm and respondent no. 2 and 4 assaulted Rambhaju Singh by means of bhala as a result of which he fell down on the ground and became unconscious. Similarly, Radharam assaulted Chandrama Singh by means of bhala causing injury on his right hand. It is further stated that to save their life, they, too, assaulted the accused persons. After the alleged occurrence, they were brought to Sadar Hospital, Ara where they got treatment. It has been mentioned in the ferdbeyan that at the time of recording ferdbeyan of Khalifa Singh, Rambhaju Singh (deceased) was unconscious.
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exhibited some documents in support of their defence.
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would appear from perusal of the impugned judgment that learned trial court passed the judgment of acquittal on two grounds. Firstly, the learned trial court found contradictions in the depositions of prosecution witnesses regarding the manner of occurrence as well as place of occurrence and secondly, the learned trial court noticed that death of deceased was not due to injury caused to him rather reason of death of deceased was infection of Peritonium.
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Singh and we do not find any ground to interfere into the above stated findings of trial court.
dismissed.
(Hemant Kumar Srivastava, J)
(Rajendra Kumar Mishra, J)
SHAHZAD/-
| AFR/NAFR | A.F.R. |
|---|---|
| CAV DATE | N.A. |
| UploadingDate | 08.01.2018 |
| Transmission Date |
08.01.2018 |
3 issues framed by the court
Whether the government appeal challenging a judgment of acquittal on insufficient evidence and disputed dying declaration should be allowed.
Whether the trial court erred in disbelieving the dying declaration due to lack of corroborating medical evidence.
Whether the acquittal was perverse given contradictions in prosecution witness depositions.
2 provisions across 2 enactments
The State of Bihar
Sachita Rai
Hazari Ram
Bazari Ram
Sheo Mohan Ram
Ram Kewal Rai
Hemant Kumar Srivastava
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
