Allowed

Baidyanath Choudhary and Ors. v. The State Of Bihar

Patna HC1 May 2018CR. APP (SJ)/85/2018

Case brief

AI extract

What is this about?

This Criminal Appeal challenges a judgment where the trial court disposed of two separate sessions trials originating from a common police case analogously. The High Court set aside the judgment and allowed the appeal due to procedural lapses. The lower court improperly used evidence from one trial to convict accused persons in another trial where they were separately tried, violating Section 273

What did the court decide?

Impugned judgment set aside; matter remitted to lower court to decide both sessions trials independently within two weeks; appellants to appear.

Baidyanath Choudhary and Ors. Vs The State Of Bihar — Criminal Trial and Appeal | Patna HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Criminal Appeal (SJ) No.85 of 2018

¶3

Arising Out of PS.Case No. -155 Year- 2013 Thana -PATORI District- SAMASTIPUR

¶4

=========================================================== 1. Baidyanath Choudhary son of Late Blaeshwar Choudhary, 2. Kedar Choudhary, son of Baidyanath Choudhary null 3. Reena Jaiswal, wife of Sri Kedar Choudhary all resident of Village- Hasanpur Surat, P.S. Patori, District- Samastipur. .... .... Appellant/s Versus 1. The State of Bihar .... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Mr. S.N.P Sinha, Sr. Adv., : Mr. J. N. Sinha, Adv. : Miss Rashmi Bharti, Adv. : Mrs. Kanchan Kumari, Adv. : Mrs. Anamika Sinha, Adv. For the Respondent/s : Mr. Sujit Kumar Singh, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL JUDGMENT

¶5

Date: 01-05-2018

¶6

Appellants, Baidyanath Choudhary, Kedar Choudhary, Reena Jaiswal, have been found guilty for an offence punishable under Section 326B/34 IPC and each one has been sentenced to undergo RI for 5 years as well as to pay fine of Rs. 10,000/- each in default thereof, to undergo RI for 6 months additionally, vide judgment of conviction dated 17.11.2017 and order of sentence dated 18.11.2017 passed analoguously relating to Sessions Trial No. 489/2013 as well as 275/2016 by 2^nd Additional Sessions JudgeSamastipur.

¶7

At an earlier occasion, while considering the prayer of the appellants having made in accordance with Section 389(1) of the Cr.P.C, the judgment impugned has been gone through and during

¶8

Patna High Court CR. APP (SJ) No.85 of 2018 dt.01-05-2018

¶9

¶10

course thereof, perceiving the nature of the judgment, it has been directed to list the appeal ‘for hearing’ instead of keeping it pending henceforth will be nothing but a worthless effort.

¶11

Discussions of evidences in detail is forbidden. Only the relevant facts necessary for deciding this appeal is being incorporated.

¶12

Informant, Pankaj Kumar gave his Fardbeyan on 07.6.2013 at about 9:00 P.M while he was admitted at PHC, Patori disclosing therein that in the background of passing through a passage, Reena Devi began to abuse which was resisted at his end and in the aforesaid background, she called her husband Kedar Choudhary and father-in-law Baidyanath Choudhary. Reena Jaiswal took out a bucket full of acid which she threw causing injury over his mother Pramila Devi while Baidyanath Choudhary threw bucket of acid over him causing injury. During midst of event, Kedar had brick-batted causing injury over his mother, Pramila Devi.

¶13

On the basis of the aforesaid fardbeyan, Patori PS. Case No. 155/2013 was registered whereupon, investigation commenced and during pendency of the same, it is evident that only one accused Baidyanath Choudhary, was apprehended and on that very basis, charge-sheet was submitted against him alone keeping the investigation pending against remaining whereupon Sessions Trial

¶14

Patna High Court CR. APP (SJ) No.85 of 2018 dt.01-05-2018

¶15

¶16

No. 489/2013 originated with regard to trial of sole accused Baidyanath Choudhary. In the aforesaid Sessions Trial, seven witnesses have been examined and those are PW-1, Rani Kumari, PW-2, Viswanath Choudhary, PW-3, Vidya Sagar Shah, PW-4, Pankaj Kumar, PW-5, Subhash Chandra Prasad, PW-6, Dr. Mukesh Kumar Munna and PW-7, Pramila Devi. Side by side had also exhibited Ext-1, signature of informant over Fard-e-beyan, Ext-1/1, Fard-e-beyan, Ext.1/2 endorsement over fardbeyan, Ext-2 Series, injury report relating to Pramila Devi and Pankaj Kumar respectively.

¶17

It is further evident that in due course of time, appearance of Kedar Choudhary and Reena Jaiswal were procured followed with submission of supplementary chargesheet as a result of which Sessions Trial No. 275/2016 originated. It is further evident from the record that altogether 14 PWs have been examined. PW-1 Navin Choudhary, PW-2 Chandra Kishore Bhagat, PW-3, Mahesh Choudhary, PW-4 Vicky @ Vikash Kumar, PW-5, Vidhya Sagar, PW-6, Shivjee Mahto, PW-7, Pawan Choudhary, PW-8, Ratan Choudhary, PW-9, Vishwanath Choudhary, PW-10 Rani Kumari, PW-11, Pramila Devi, PW-12, Subhash Chandra Prasad, PW-13 Dr. Mukesh Kumar Munna and PW-14, Pankaj Kumar. Side by side had also exhibited, Ext.1, Fard-e-beyan, Ext.2- endorsement over fardbeyan, Ext.3- Formal FIR, Ext.4- requisition issued by the I.O,

¶18

Patna High Court CR. APP (SJ) No.85 of 2018 dt.01-05-2018

¶19

¶20

Ext.5 series, injury report of Pramila as well as Pankaj respectively and Ext-6, signature of PW-13 over Fard-e-beyan.

¶21

From the order-sheet dated 10.8.2017, it is evident that Sessions Trial No. of both cases came up before the same court of 2^nd Additional Sessions Judge, Samastipur and that being so, by the judgment impugned both the Sessions Trial have been disposed of analogously, in the background of the fact that both the Sessions Trial originated from common PS Case bearing Patori P.S. Case No. 155/2013.

¶22

Heard learned counsel for the appellants as well as Additional APP.

¶23

Gone through the judgment impugned. From Paragraph 13 and onwards of the judgment impugned, it is evident that learned lower court had dealt with evidences of PWs and during course thereof, it is evident that basically the learned Lower Court had taken into consideration the evidence of PWs recorded under Sessions Trial No. 489/2013 without distinguishing the same relating to other Sessions Trial, i.e. Sessions Trial No. 275/2016 and that being so, neither examination-in-chief nor the cross-examination of the respective witnesses have been properly scrutinized relating to both the S.T. independently. That being so, there happens to be failure on the part of the learned Lower Court in properly appreciating the

¶24

¶25

Patna High Court CR. APP (SJ) No.85 of 2018 dt.01-05-2018

¶26

evidences having been adduced on behalf of prosecution as well as cross-examination having been made on behalf of appellants/accused. Apart from this, it is settled principle of law, more particularly, Section 273 of the Cr.P.C suggests that the evidence has to be recorded in presence of the accused, that means to say, the accused of Sessions Trial No. 489/2013 was not at all concerned with Sessions Trial No. 275/2016 and vice-versa whereupon the evidence of one Sessions Trial could not be used against the accused of another Sessions Trial irrespective of the fact that both the Sessions Trial had originated from a common police case.

¶27

That being so, the judgment impugned suffers from inherent lacuna whereupon could not be recognized in accordance with law and that being so, is set aside. Appeal is allowed.

¶28

The matter is remitted back to the learned lower court to decide both Sessions trial independently but on the same day within two weeks from the stage of argument.

¶29

The learned lower court will procure appearance of the appellants who are under custody.

¶30

(Aditya Kumar Trivedi, J)

¶31

perwez

¶32

AFR/NAFR	AFR
CAV DATE	N/A
UploadingDate	04/05/2018
Transmission Date	04/05/2018

Baidyanath Choudhary and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Baidyanath Choudhary and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ashok Kumar Pandey and Anr. Vs The State Of Bihar

Sumitra Devi Vs State Of Bihar and Anr.

Manoj Kumar Tanti @ Manoj Tanti Vs The State Of Bihar

Md. Aslam Vs The State Of Bihar

Kameshwar Paswan Vs The State Of Bihar

Manager Singh and Ors. Vs The State Of Bihar