Dismissed

Chhattu Singh v. Nepali Singh

Patna HC5 Sept 2023CR. APP (SJ)/3136/2022

Case brief

AI extract

What is this about?

This Criminal Appeal challenged the Sessions Trial Court judgment convicting accused persons under various sections of the IPC and Arms Act while acquitting some on furnishing a bond. The High Court found the appeal devoid of merit as no illegality or perversity was found in the impugned judgment regarding hospital records and prosecution story.

What did the court decide?

The appeal was dismissed as it was found to be devoid of any merit.

Chhattu Singh Vs Nepali Singh — Criminal Trial and Appeal | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3136 of 2022

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Arising Out of PS. Case No.-173 Year-2004 Thana- SAHAR District- Bhojpur

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======================================================

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CHHATTU SINGH Son of Late Tapeshwar singh R/V- Berath P.S- Sahar (Chauri), Distt.- Bhojpur

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... ... Appellant/s

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Versus

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Nepali Singh Son of Late jhulan Singh R/V- Berath, P.S- Sahar (Chauri), Dist- Bhojpur

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Lallan Singh Son of Late Jhulan Singh R/V- Berath, P.S- Sahar (Chauri), Dist- Bhojpur

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Mukesh Singh Son of Julendra Singh @ Ranvijay Singh R/V- Berath, P.SSahar (Chauri), Dist- Bhojpur

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Shambhu Singh Son of Julendra Singh @ Ranvijay Singh R/V- Berath, P.SSahar (Chauri), Dist- Bhojpur

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Sanjay Singh Son of Late Babban Singh R/V- Berath, P.S- Sahar (Chauri), Dist- Bhojpur

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Julendra Singh @ Ranvijay Singh Son of late Jhulan Singh R/V- Berath, P.SSahar (Chauri), Dist- Bhojpur

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Shubhash Singh Son of Late Babban Singh R/V- Berath, P.S- Sahar (Chauri), Dist- Bhojpur

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Vijay Singh Son of Lallan Singh R/V- Berath, P.S- Sahar (Chauri), DistBhojpur

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The State of Bihar

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... ... Respondent/s

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======================================================

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Appearance : For the Appellant/s : Mr.Shivaji Singh For the Respondent/s : Mr.Zeyaul Hoda ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER

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6 05-09-2023 This appeal has been filed challenging the judgment

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dated 10.01.2022 passed in Sessions Trial No. 708 of 2007, whereby the trial Court has convicted the accused persons for the offence under section 323/149 of the Indian Penal Code and has ordered for acquittal of the accused persons on furnishing

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Patna High Court CR. APP (SJ) No.3136 of 2022(6) dt.05-09-2023 2/3

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admonition bond.

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In this case charges were framed under sections 147, 148, 149, 307, 324, 380, 323, 270 of the Indian Penal Code and section 27 of the Arms Act.

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The aforesaid judgment has been challenged on the ground that the same is erroneous and perverse. The trial court has not correctly appreciated the materials available on record.

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The prosecution story mentions that when the wife of the informant came to save him the accused Julendra Singh assaulted on her head by means of farsa and she became injured. When his son came to save him then accused Vijay Singh assaulted him on his head and back by means of lathi and he became injured. It further mentions that the informant took his wife and son to Sadar Hospital, Ara for treatment where he gave his statement. During evidence, the son of the informant Hare Krishna Singh stated that he was assaulted by means of lathi by Sanjay Singh and Subhash Singh. The wife of the informant Sonakeshwar Devi stated that Julendra Singh assaulted on his head by means of farsa as a result of which blood started oozing out from the head.

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The impugned judgment mentions that the story narrated by the witnesses to the effect that the injured persons

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Patna High Court CR. APP (SJ) No.3136 of 2022(6) dt.05-09-2023 3/3

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were taken to Sadar Hospital, Ara on a cot which is situated at a distance of 30 Km from the place of occurrence and it took 4-5 hours in reaching the Hospital does not appear to be probable. The injury register was called for from Sadar Hospital, Ara. Perusal of the same showed that there is neither any mention with respect to the injury of the injured nor there is any mention that medical examination of the injured persons was held in the Sadar hospital by any doctor. This falsifies the entire prosecution story as also the evidence given by the witnesses.

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In this view of the matter, I do not find any illegality or perversity in the impugned judgment. The appeal, being devoid of any merit, is dismissed.

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(Arvind Srivastava, J)

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mcv/-

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U T

Chhattu Singh v. Nepali Singh

Case brief

What is this about?

What did the court decide?

Chhattu Singh v. Nepali Singh

Case brief

What is this about?

What did the court decide?

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