Dismissed

Sravan Kumar @ Srawan Kumar v. The State of Bihar

Patna HC29 Nov 2022CR. APP (SJ)/389/2022

Case brief

AI extract

What is this about?

In an appeal against acquittal, the Patna High Court examined the trial court's judgment acquitting accused persons of violent assault. Finding the lower court discussed facts and evidence in detail with proper reasons, the Single Judge held there was no merit in the appeal and dismissed it at the stage of admission.

What did the court decide?

The appeal against the order of acquittal was dismissed at the stage of admission.

Sravan Kumar @ Srawan Kumar Vs The State of Bihar — Criminal Trial and Appeal | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINALAPPEAL (SJ) No.389 of 2022

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Arising Out of PS. Case No.-38 Year-2012 Thana- DIGHWARA District- Saran

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SRAVAN KUMAR @ SRAWAN KUMAR S/o Jagdish Bhagat Resident of Vill- Saidpur, P.S.- Singhwara, Dist- Saran at Chapra.

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... ... Appellant/s

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Versus

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The State of Bihar

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Krishna Singh S/o Late Ram Anurag Singh Resident of Village- Saidpur, P.S.- Dighwara, Dist- Saran

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Lal Bahadur Singh S/o Late Ram Anurag Singh Resident of Village- Saidpur, P.S.- Dighwara, Dist- Saran

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Ravindra Narayan Singh S/o Late Ram Anurag Singh Resident of VillageSaidpur, P.S.- Dighwara, Dist- Saran

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Jay Prakash Singh S/o Ramdeo Singh Resident of Village- Saidpur, P.S.Dighwara, Dist- Saran

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Suresh Singh S/o Ramdeo Singh Resident of Village- Saidpur, P.S.- Dighwara, Dist- Saran

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... ... Respondent/s

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Appearance :

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For the Appellant/s : Mr. Rajani Ranjan Pd. Singh For the Respondent/s : Mr. Bipin Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER

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8 29-11-2022

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Heard learned counsel for the appellant and

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learned counsel for the State.

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This appeal is directed against the judgment dated 21.09.2021 passed in Sessions Trial No. 3793 of 2014 arising out of Dighwara P.S. Case No. 38 of 2012, whereby and whereunder the court below has acquitted all the accused from the charges levelled against them under sections 147, 148, 341, 323,

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Patna High Court CR. APP (SJ) No.389 of 2022(8) dt.29-11-2022 2/4

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324, 504 of the Indian Penal Code.

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The facts of the case, in short, is that on 29.02.2021 at 7.00 am all the accused persons were getting the mustard crops of the informant cut by mazdoors. When the informant objected, accused persons assaulted him and he became injured. On hearing the chaos, nearby villagers came and pacified the dispute. The informant was taken to Primary Health Center, Dighwara for treatment.

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On basis of the above information, Dighwara P.S. Case No. 38 of 2012 was registered and after investigation charge sheet was submitted against all the accdused persons. Thereafter cognizance was taken and the case was committed to the Court of Sessions. Accordingly, charges were framed against all the accused persons under sections 147, 148, 341, 323, 324, 504 of the Indian Penal Code.

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The trial Court found that the prosecution has failed to prove its case from beyond all reasonable doubts on basis of the following grounds :-

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(a) from the evidence of informant, it is evident that the informant gave his fardbeyan to the police in P.M.C.H. but the fardbeyan has been recorded at Primary Health Center, Dighwara.

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Patna High Court CR. APP (SJ) No.389 of 2022(8) dt.29-11-2022 3/4

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(b) from perusal of the documents brought on record

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by the defence as being Exhibit -B and C, it appears that the decree of the land i.e. the place of occurrence was granted in favour of the accused persons by the Court and mutation was also granted in their favour, but witnesses have not stated anything in regard to these documents.

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(c) in paragraph 11 of the evidence of the informant, the informant has stated that on the date of occurrence he was assaulted by 18 persons armed with various weapons, but the doctor did not find any injury on his person.

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(d) on the date of occurrence itself the accused persons were also assaulted by the informant and his family members due to which many persons became injured and one injured namely, Bharat Singh died during treatment and for that the informant and others were convicted and sentenced to imprisonment for life, as is evident from Exhibit- A; and

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(e) the investigating officer of the case has not been

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examined by the prosecution.

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For the above reasons, the trial Court acquitted all

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the accused persons from the charges levelled against them.

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I perused the judgment of the court below. The

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Sessions Judge has discussed all the facts and evidence in detail

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Patna High Court CR. APP (SJ) No.389 of 2022(8) dt.29-11-2022 4/4

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and has given proper reasons and grounds for acquittal. Accordingly, this Court does not find any merit in the appeal and the same is dismissed at the stage of admission itself.

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(Arvind Srivastava, J)

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mcv/-

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U T

Sravan Kumar @ Srawan Kumar v. The State of Bihar

Case brief

What is this about?

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Sravan Kumar @ Srawan Kumar v. The State of Bihar

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