Mala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.321 of 2019 Arising Out of PS. Case No.-59 Year-2010 Thana- HALSI District- Lakhisarai ====================================================== Mala Devi Wife of Lakhan Mistri, Resident of Village-Dheera, P.S.-Halsi, District-Lakhisarai. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Awdesh Yadav @ Awdhesh Yadav Son of Kameshwar Yadav, Resident of Village-Dheera, P.S-Halsi, District-Lakhisarai. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Vijay Kumar For the Respondent/s :

Mr.Dilip Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) Date : 03-05-2019 Heard learned counsel for the appellant as well as learned Additional Public Prosecutor for the State on I.A. No. 1 of 2019 which has been filed under Section 378(4) of the Code of Criminal Procedure as well as on the point of Admission. I.A. No. 1 of 2019 has been filed on behalf of the appellant for grant of leave to file this Criminal Appeal against the judgment of acquittal.

The appellant happens to be the cousin daughter-in-law of deceased as well as the informant of the case and therefore, she is permitted to pursue this appeal. Accordingly, I.A. No. 1 of 2019 stands disposed of.

Patna High Court CR. APP (DB) No.321 of 2019 dt.03-05-2019 2/3 This Criminal Appeal has been preferred against the judgment dated 22.01.2019 passed by learned Additional Sessions Judge, F.T.C. 1st, Lakhisarai by which and where under he acquitted the respondent no. 2 from the charge framed against him for the offence punishable under Section 302/34 of the Indian Penal Code whereas convicted the other accused for the offence punishable under Section 302 of the Indian Penal Code.

The impugned judgment goes to show that the case of the prosecution is that while the deceased was sitting at his Baramda, co-accused Vijay Yadav, came there and started abusing the deceased and after that the deceased was dragged from the house and in the meantime, co-accused Kamleshwar Yadav and Vijay Yadav, assaulted the deceased and after that co-accused, Vijay Yadav and Kamleshwar Yadav, both assaulted the deceased by shoe and by fist and slaps. The prosecution claims that the respondent no. 2 also came there and he too abused the deceased. It would further appear from perusal of the impugned judgment that in course of trial, prosecution witnesses including appellant- informant claimed that respondent no. 2 had also participated in assaulting the deceased but the learned Trial Court disbelieved the aforesaid improvement of the

Patna High Court CR. APP (DB) No.321 of 2019 dt.03-05-2019 3/3 prosecution witnesses on the ground that there was contradictions in the statements of prosecution witnesses on the point of participation of respondent no. 2 in assaulting the deceased.

We perused the findings and reasoning given by the learned Trial Court for acquitting the respondent no. 2 and we do not find any perversity or illegality in the findings of the learned Trial Court. Accordingly, we are of the view that there is no need to interfere into the impugned judgment so far as it relates to acquittal of respondent no. 2 and accordingly, this appeal stands dismissed on admission stage itself. (Hemant Kumar Srivastava, J) ( Partha Sarthy, J) Prakash/- AFR/NAFR CAV DATE Uploading Date Transmission Date