Diwakar Singh Chauhan v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.1079 of 2018 In CRIMINAL APPEAL (SJ) No.931 of 2016 Arising Out of PS. Case No.-25 Year-2004 Thana- PHENHARA District- East Champaran ====================================================== Diwakar Singh Chauhan Son of Late Permeshwar @ Pameshwar Singh R/o village-Marpa Mohan, P.S- Fenhara, Distrcit- East Champaran ... ... Appellant/s

Versus

1.

The State Of Bihar 4.

Ashok Singh @ Ashok Samrat Son of Uday Narayan Singh R/o villageMarpa Mohan, P.S- Fenhara, District- East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Md. Anis Akhtar For the Respondent/s :

Mr.Sri Zeyaul Hoda ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) Date : 18-06-2019 Heard learned counsel appearing for the appellant as well as learned Additional Public Prosecutor for the State on the point of admission and in our view, this criminal appeal can be disposed of on admission stage itself.

2. The appellant is aggrieved by the impugned judgment of acquittal dated 26.05.2016 passed by the learned Additional Sessions Judge 13th, East Champaran, Motihari in

Patna High Court CR. APP (DB) No.1079 of 2018 dt.18-06-2019 2/3 Sessions Trial No. 797 of 2007 arising out of Fenhara P.S. Case No. 25 of 2004 by which and where under he acquitted the sole respondent namely, Ashok Singh from the charges framed under Section 120B of the Indian Penal Code and Section 3⁄4 of the Explosive Substance Act.

3. It would appear from perusal of the lower Court records that in course of trial, four prosecution witnesses were examined but P.W.-1 and P.W.-2 were declared hostile and only P.W.-3 claimed that prior to alleged occurrence, sole respondent Ashok Singh and some others were making plan to commit murder of the deceased in front of his shop.

4. Learned counsel appearing for the appellant submits that the statement of P.W. 3 is sufficient to show that the sole respondent Ashok Singh had entered into a conspiracy with other persons to commit murder and there was sufficient evidence before the Trial Court to convict the sole respondent Ashok Singh.

5. However, we are not in agreement with the submission of learned counsel for the appellant because the learned Trial Court has discussed the evidence of P.W.-3 and we do not find any ground to interfere into the findings of the

Patna High Court CR. APP (DB) No.1079 of 2018 dt.18-06-2019 3/3 learned Trial Court. Accordingly, this appeal stands dismissed on admission stage itself.

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