The High Court dismissed the criminal appeal filed by the appellant challenging an acquittal of respondents. The Court held that doubts regarding inconsistencies in the prosecution case and unclear nature of injuries justified maintaining the acquittal.
The criminal appeal was dismissed.
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
CRIMINAL APPEAL (DB) No.1216 of 2024
Arising Out of PS. Case No.-134 Year-2010 Thana- PANDAUL District- Madhubani
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Ram Jatan Yadav, Son of Late Sukhdeo Yadav, Resident of Village – Baturi, Andah (Manmohanpur), P.S. - Pandaul, District - Madhubani (Bihar)
... ... Appellant/s
Versus
... ... Respondent/s
======================================================
Appearance : For the Appellant/s : Mr. Shashi Nath Jha, Advocate For the Respondent/s : Mr. Bipin Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY ORAL JUDGMENT
Patna High Court CR. APP (DB) No.1216 of 2024 dt.17-12-2024 2/6
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 17-12-2024
We have heard Mr. Shashi Nath Jha, the learned
Advocate for the appellant/informant and Mr. Bipin
Kumar, the learned APP for the State.
employed unacceptable reasons for doubting the prosecution case. According to his accusation, while he was going to his field and saw that an attempt was being made by respondent No. 2 to encroach upon his land, he objected. This led to the other respondents assaulting him.
Patna High Court CR. APP (DB) No.1216 of 2024 dt.17-12-2024 3/6
informant/appellant was injured in the occurrence and had suffered seven wounds; one being a sharp wound over the left parieto-frontal area of a big dimension. There were lacerated wounds on left arm, little finger and index finger. Severe bleeding from the wounds was also reported.
Patna High Court CR. APP (DB) No.1216 of 2024 dt.17-12-2024 4/6
suggesting any earlier treatment given to him before he was produced before the Doctor who medically examined him; and the Investigator having made a statement that he had received the injury report before he proceeded to the Primary Health Centre and recorded the statement of the appellant/informant at 02:00 P.M. Even with respect to the manner of occurrence, Mr. Jha has pointed out that minor inconsistencies in the deposition of witnesses have been magnified and mechanically the judgment of acquittal has been recorded.
Patna High Court CR. APP (DB) No.1216 of 2024 dt.17-12-2024 5/6
speak with clarity about the dispute between the appellant and respondent No. 2/Madhu Yadav. There was a Title suit pending between the parties at the time of the incident vide Title Suit No. 8 of 2010. In the aforesaid Title Suit, judgment has been delivered and the prayer for declaration of title has been allowed in favour of respondent No. 2.
persons, closely connected with respondent No. 2 were made accused in this case. In an overall scenario and from the place where the occurrence took place, though the P.O. could not be established with exactitude, it appears that there was some dispute between the parties at some other point of time and not in the transaction which has been reported by the appellant. The appellant has received injuries, but the nature of injuries could not be deciphered. The Trial Court also did not await the X- ray report.
Patna High Court CR. APP (DB) No.1216 of 2024 dt.17-12-2024 6/6
it would not be appropriate to overturn the judgment of
the Trial Court, whereby the respondents have been acquitted.
this appeal.
(Ashutosh Kumar, J)
(Nawneet Kumar Pandey, J)
Sauravkrsinha/ Krishna-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 17.12.2024 |
| Transmission Date | 17.12.2024 |
2 issues framed by the court
Whether the High Court should overturn the trial court's judgment of acquittal given doubts regarding the prosecution case.
Whether inaccuracies in the timing of the FIR and unclear nature of injuries warrant setting aside the acquittal.
Ram Jatan Yadav
The State of Bihar
Madhu Yadav
Shila Devi @ Sheela Devi
Ram Gulam Yadav
Arun Yadav
Ashutosh Kumar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
