This single-judge appeal challenged a trial court's acquittal due to severe inconsistencies in eyewitness testimony, lack of medical reports, and a substantial lapse in lodging the FIR. The High Court perused the judgment, found no merit, and dismissed the appeal at the admission stage.
The appeal was dismissed at the admission stage itself.
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 CRIMINALAPPEAL (SJ) No.447 of 2020
Arising Out of PS. Case No.-213 Year-2006 Thana- EKANGARSARAI District- Nalanda
SANJU DEVI Wife of Niranjan Paswan Resident of Village-Dhurgoan, P.S.Ekangarsarai, District-Nalanda.
... ... Appellant/s
Versus
... ... Respondent/s
Appearance :
For the Appellant/s : Mr.Amresh Kumar Sinha For the Respondent/s : Mr.Sadanand Paswan ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
4 21-11-2022
counsel for the State.
Patna High Court CR. APP (SJ) No.447 of 2020(4) dt.21-11-2022 2/4
3(1) (X) of the S.C./S.T. Act.
while informant was going to Dhurgaon from Patna and when reached near Panchayat Bhawan, all the accused persons surrounded with bad intention. She started running towards her village but all the accused persons followed her and surrounded at Chhilka. Accused Ravi Kumar pulled out pistol from his waist, placed the same at the head of the informant, abused her , slapped her and snatched her gold chain and gold earring. Accused Jai Narayan Mahto snatched rupees 11000/- from the informant which she had brought from her husband for purchasing food-grains. He abused her by taking her caste name and threatened her to kill if she does not withdraw the case filed by her. When witnesses and near by travellers came for rescue on hulla being raised by the informant, accused Suman and Ravi Kumar fired from the pistol and all the accused persons fled away. The informant went to the police station but when no action was taken, the informant filed the case in court.
Patna High Court CR. APP (SJ) No.447 of 2020(4) dt.21-11-2022 3/4
the Court of Sessions. Accordingly charges were framed against all the accused persons under sections 341/34, 323/34, 504/34 of the Indian Penal Code and section 3(1)(X) of the SC/ST Act.
(a) On each point there is contradiction in the statement of the witnesses.
(b) Except witness no. 2, all the witnesses are of the same family.
(c) Sanju Devi was treated in Patna but there is no medical report on the record.
(d) the informant has admitted that there is previous case between her and Jai Narayan Mahto.
(e) the occurrence is alleged to be of 11.06.2006 but the case has been lodged on 10.08.2006 and with regard to delay no satisfactory explanation has been given by the informant. As per the informant she had first gone to the police station, but there is no proof of filing any application in the police station, and
(f) the husband of the informant namely, Niranjan Paswan has neither been made witness nor any effort has been made by the prosecution to produce him.
Patna High Court CR. APP (SJ) No.447 of 2020(4) dt.21-11-2022 4/4
(Arvind Srivastava, J)
mcv/-
U T
2 issues framed by the court
Whether the Trial Court's judgment acquitting the accused due to lack of evidence and material merit for allowing this appeal.
Whether the High Court can dismiss an appeal at the admission stages if the lower court's reasons for acquittal are sound.
2 provisions across 2 enactments
Sanju Devi
The State Of Bihar
Jai Narayan Mahto
Ravi Kumar
Bablu Kumar
Suman Prasad
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
