Patna High CourtG. APP. (DB)/30/2016dismissed

The State Of Bihar Through The District Magistrate, Buxar v. Bishwanath Singh And ORS

2017-02-23Mr. Justice Navaniti Prasad Singh,Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Govt. Appeal (DB) No 30 of 2016 Arising Out of PS.Case No. -null Year- null Thana -null District- BUXAR =========================================================== The State of Bihar through the District Magistrate, Buxar having his office at Collectorate Compound, Buxar.

.... .... Appellant/s

Versus

1. Bishwanath Singh S/o Ram Hirdya Singh

2. Rabindar Singh S/o Bishwanath Singh

3. Prabhat Singh S/o Bhirgu Nath Singh

4. Rakesh Singh S/o Prashuram Singh

5. Kamlesh Singh S/o Saligram Singh

6. Umesh Singh S/o Jaswant Singh

7. Brajesh Singh S/o Jaswant Singh All residents of village Purana Bhojpur P.S. Dumraon, District Buxar.

.... .... Respondent/s =========================================================== CORAM: HON'BLE MR JUSTICE NAVANITI PRASAD SINGH And HON'BLE MR JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE MR JUSTICE NAVANITI PRASAD SINGH) Date: 23-02-2017 Even though there is delay of 110 days in filing the appeal, the same is condoned.

I A No 281 of 2017 stands disposed of.

Heard the learned counsel for the State in support of this Government Appeal.

The trial Court has acquitted the accused persons of the charge under Sections 304, 307, 302 of Indian Penal Code (for brevity, IPC) though convicted under Sections 323, 337 of IPC. We have heard the learned counsel for the State.

Patna High Court G. APP. (DB) No.30 of 2016 dt.23-02-2017 2/2 We are not satisfied that any interference is required. On the prosecution's own showing, people had assembled not to even assault anybody. They were forcefully removing the bricks from the boring of the informant. It is thereafter that brick batting started. This is clearly indicative of the fact that there was no intention to kill. Thus acquittal, as recorded, cannot be said to be wrong. The accused persons have been convicted for causing injuries which is sufficient in the facts and circumstances of this case.

Thus, we find no merit in this appeal. It is dismissed accordingly.

(Navaniti Prasad Singh, J) (Vikash Jain, J) U T M.E.H./-