Dismissed

Hari Kishore Prasad v. The State Of Bihar and Ors.

Patna HC22 Nov 2022CR. APP (SJ)/40/2018

Case brief

AI extract

What is this about?

The High Court dismissed the criminal appeal filed against an acquittal order. The trial court had acquitted all accused persons, holding that the prosecution failed to prove the charge of hurt by an idle or insufficient substance under Section 328 of the IPC beyond reasonable doubts due to lack of medical evidence and witness reliability.

What did the court decide?

The criminal appeal was dismissed at the stage of admission itself with no merit found.

Hari Kishore Prasad Vs The State Of Bihar and Ors. — Criminal Trial and Appeal | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINALAPPEAL (SJ) No.40 of 2018

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Arising Out of PS. Case No.-59 Year-2001 Thana- BASANTPUR District- Siwan

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Hari Kishore Prasad Son of Sakaldeo Prasad, Resident of Village- Jalalpur, Police Station- Basantpur, District- Siwan.

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... ... Appellant/s

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Versus

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The State Of Bihar

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Raghu Rai, Son of Mukhlal Rai,

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Mewalal Rai, Son of Mukhlal Rai,

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Yogendra Manjhi, Son of Bhagrasan Manjhi.

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Sukdheo Rai, Son of Sadhu Rai, All resident of Village- Jalalpur, Police Station- Basantpur, District- Siwan.

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... ... Respondent/s

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Appearance :

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For the Appellant/s : Mr.Umesh Kumar Mishra For the Respondent/s : Mr.Smt. Abha Singh

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CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER

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9 22-11-2022

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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 30.08.2017 passed in Sessions Trial No. 96 of 2007 arising out of Basantpur P.S. Case No. 59 of 2001, whereby and whereunder the court below has acquitted all the accused, by holding that the prosecution has failed to prove the charge against the accused persons, from the charges levelled against them under

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Patna High Court CR. APP (SJ) No.40 of 2018(9) dt.22-11-2022 2/3

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sections 328 of the Indian Penal Code.

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The facts of the case, in short, is that the informant

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Hari Kishore Prasad gave his fard-beyan before the police stating therein that on 21.08.2001 at about 7 PM the co-villagers namely Raghu Rai, Mewalal Lal, Sukhdeo alias Bhuju, Yogendra Manjhi gave fried grains (Bhunja) administered by force to the son of informant namely Manoj Kumar and thereafter there was some giddiness and with the help of the villagers he was taken to the Government Hospital, Basantpur where he was referred to the Sadar Hospital, where during treatment he died.

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On basis of the above information, Basantpur P.S. Case No. 59 of 2001 was registered and after investigation charge sheet was submitted against all the accused 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 328 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) during investigation the police found the case to be not true and requested to start a proceeding under section

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Patna High Court CR. APP (SJ) No.40 of 2018(9) dt.22-11-2022 3/3

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182, 211 against the informant.

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(b) the Doctor and the Investigating Officer have not been examined by the prosectuion.

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(c) no any medical report or visera report of the deceased is there on the record to show that the deceased had taken fried grains (bhunja) administered by the accused persons.

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(d) according to the informant there is previous enmity between the parties and ;

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(e) P.W.s 1 and 2 are formal and P.W. 3 is the nephew of the informant and P.Ws. 4 and 5 are not an eye witnesses of the occurrence.

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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 Sessions Judge has discussed all the facts and evidence in detail 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

Hari Kishore Prasad v. The State Of Bihar and Ors.

Case brief

What is this about?

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Hari Kishore Prasad v. The State Of Bihar and Ors.

Case brief

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