Chandan Kushwaha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (DB) No.649 of 2016 Arising Out of PS.Case No. -111 Year- 2011 Thana -DHANAHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Chandan Kushwaha S/o Sukhari Kushwaha resident of Village- Murgahwa, P.S.- Dhanha, District- West Champaran.

.... .... Appellant

Versus

1. The State of Bihar

2. Tufani Kushwaha, S/o Jhagaru Kushwaha

3. Paramhans Kushwaha, S/o Saral Kushwaha

4. Saral Kushwaha

5. Dhurandar Kushwaha @ Dhurender Kushwaha, Sons of Late Rajnand Kushwaha All residents of Village- Murgahawa, P.S.- Dhanha, Distt- West Champaran.

.... .... Respondents ====================================================== Appearance :

For the Appellant : Mr. Vijay Kr Singh No. 1 For the Respondents : Mr. Sri Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH and HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) 10-11-2016 Heard learned counsel for the appellant.

This is an appeal against the acquittal filed by the informant.

Learned counsel for the appellant fairly submits that four accused persons have not been sent for trial. Notwithstanding the same under section 319 of Cr.P.C. it cannot be made applicable to this case at this stage. He further submits that the doctor was not examined, the I.O. was also not examined and the injured person i.e. the father of the informant, the injury found

Patna High Court CR. APP (DB) No.649 of 2016 (3) dt.10-11-2016 2/2 upon him is related to the charge under section 307 of the I.P.C., was also not examined.

In our view, the prosecution suffers from such infirmities and the acquittal cannot be said to be bad in the eye of law.

We find no merit in this appeal. It is accordingly dismissed.

(Navaniti Prasad Singh, J.) (Jitendra Mohan Sharma, J.) Rajiv/abhay U T