Dharmendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.938 of 2019 Arising Out of PS. Case No.-46 Year-2012 Thana- CHARPOKHARI District- Bhojpur ====================================================== Dharmendra Kumar Singh S/o Bharat Singh R/o village- Karnaoul, P.S. Charpokhari, District- Bhojpur Arrah. ... ... Appellant/s

Versus

1.

The State of Bihar.

2.

Arun Kumar singh S/o Late Raj Kishore Singh R/o village- Karnaoul, P.S. Charpokhari, District- Bhojpur Arrah.

3.

Manju Devi W/O Arun Kumar Singh R/o village- Karnaoul, P.S. Charpokhari, District- Bhojpur Arrah.

4.

Pakalu Singh S/O Arun Kumar Singh R/o village- Karnaoul, P.S.- Charpokhari, District- Bhojpur Arrah.

5.

Amit Kumar S/O Arun Kumar Singh R/o village- Karnaoul, P.S. Charpokhari, District- Bhojpur Arrah.

... ... Respondent/s ====================================================== Appearance :

For the Appellant :

Mr. Tej Pratap Singh, Advocate For the State :

Ms. Shashi Bala Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH and HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH) 12-07-2022 Heard Mr. Tej Pratap Singh, learned counsel for the appellant-applicant and Ms. Shashi Bala Verma, learned Additional Public Prosecutor (hereinafter referred to as the 'A.P.P.') for the State.

2. The appeal has been filed against the judgment of acquittal dated 23.05.2019 passed by the learned IIIrd Addl. Sessions Judge, Bhojpur, Arrah in S. Trial No. 411/2012, arising out of Charpokhari P.S. Case No. 46/2012 by which respondents

Patna High Court CR. APP (DB) No.938 of 2019(9) dt.12-07-2022 2/3 no. 2 to 5 have been acquitted of the charges framed against them.

3. Learned counsel for the appellant submits that he was the informant and the incident has resulted in the death of one person and three persons were injured including the informant. Learned counsel submitted that during trial, witnesses have supported the prosecution story and there was brutal attack on the deceased leading to his death as also there being specific allegation of assault on the victims by the accused, this, erroneously, they have been acquitted.

4. Learned A.P.P. submitted that the judgment is well discussed and the allegations made are not corroborated by the medical reports and the postmortem report.

5. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties and taking into consideration, the postmortem report in which not even one injury has been found on the body of the deceased and death is said to have been caused due to intracranial hemorrhage and also there being minor simple injuries on three persons, including the informant and the fact that the respondents no. 2 to 5 have faced trial for seven years, the Court does not find any occasion to interfere.

Patna High Court CR. APP (DB) No.938 of 2019(9) dt.12-07-2022 3/3

6. For reasons aforesaid, the appeal stands dismissed. (Ahsanuddin Amanullah, J) ( Purnendu Singh, J) Ranjeet/- U T