Kaushlendra Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.217 of 2019 Arising Out of PS. Case No.-91 Year-2002 Thana- DARAUNDA District- Siwan ====================================================== KAUSHLENDRA SAH Son of Late Sudama Singh Resident of VillagePipra, P.S.- Daronda, District- Siwan ... ... Appellant

Versus

1.

The State Of Bihar 2.

Shyam Sundar Sah, aged about 27 years Son of Late Ram Bachan Sah Resident of Village- Pipra, P.S.- Daronda, District- Siwan. 3.

Manoj Sah aged about 28 years Son of Sri Uday Chandra Sah Resident of Village- Pipra, P.S.- Daronda, District- Siwan. 4.

Udaichand Sah @ Uday Chandra Sah aged about 48 years Son of Sri Rameshwar Sah Resident of Village- Pipra, P.S.- Daronda, District- Siwan. 5.

Trilokinath Sah aged about 39 years Son of Sri Shyam Sundar Sah Resident of Village- Pipra, P.S.- Daronda, District- Siwan. 6.

Dilip Kumar Sah aged about 28 years Son of Sri Basant Sah @ Balwant Sah Resident of Village- Pipra, P.S.- Daronda, District- Siwan. 7.

Pradeep Sah aged about 24 years Son of Sri Basant Sah @ Balwant Sah Resident of Village- Pipra, P.S.- Daronda, District- Siwan. ... ... Respondents ====================================================== Appearance :

For the Appellant : Mr.Arbind Kumar Singh, Advocate For the Respondents : Mr. Shiwesh Chandra Mishra, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA and HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) Date : 24-07-2019 Heard learned counsel for the appellant as well as learned Additional Public Prosecutor representing the State.

2. We went through the impugned judgment and in our view this criminal appeal can be disposed of at admission stage itself.

Patna High Court CR. APP (DB) No.217 of 2019 dt.24-07-2019 2/3

3. The appellant has challenged the impugned judgment of acquittal dated 6.11.2018, passed by the learned Sessions Judge, Siwan in Sessions Trial No. 409 of 2002 by which and whereunder the learned trial court has acquitted respondents no. 2 to 7 from the charges framed against them for the offences punishable under sections 323, 325, 448 & 307/34 of the IPC (wrongly written in paragraph 20 of the impugned judgment as 37/34 of the IPC).

4. Learned counsel appearing for the appellant challenged the impugned judgment of acquittal submitting that the trial court did not take pain to appreciate the prosecution evidence in right perspective. He submits that the appellant was injured and he deposed in the case saying that he sustained injuries caused by respondents no. 2 to 7 and the aforesaid fact was supported by other prosecution witnesses. He further submits that the injury report of the appellant was also proved by the concerned doctor but the learned trial court taking note of minor contradictions passed the judgment of acquittal which is not in accordance with law.

5. On the other hand, learned Additional Public Prosecutor supported the impugned judgment arguing that the learned trial court has discussed the evidence of CW 1 and after

Patna High Court CR. APP (DB) No.217 of 2019 dt.24-07-2019 3/3 discussing the evidence of CW 1, doubted the genuineness of injury report of the appellant. He further submitted that apart from the aforesaid fact, the learned trial court has also taken note of several other grounds for passing the judgment of acquittal.

6. Having heard the contentions of both the parties, we went through the impugned judgment. We find that the learned trial court has discussed all the evidences of prosecution as well as other aspects of the case. We further find that the learned trail court has not only doubted the injury report of the appellant but also expressed his doubt in respect of claim of the appellant. We also find that the learned trial court has passed a well thought and well discussed judgment and we do not find any perversity or absurdity in the impugned judgment. Therefore, in our view, there is no need to interfere with the impugned judgment.

7. In the aforesaid manner, this criminal appeal stands dismissed at admission stage itself.

(Hemant Kumar Srivastava, J) (Prabhat Kumar Singh, J) Shashi AFR/NAFR NAFR CAV DATE NA Uploading Date 02.08.2019 Transmission Date 02.08.2019