Mani Mala Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.18 of 2019 Arising Out of PS. Case No.-35 Year-2012 Thana- MINAPUR District- Muzaffarpur ====================================================== Mani Mala Gupta, wife of Late Sunil Kumar Sah Resident of Village-Sirsi, P.S-Nanpur, District-Sitamarhi ... ... Appellant

Versus

1.

The State Of Bihar 2.

Bare Babu @ Bara Babu Sah 3.

Shatrudhan Sah 4.

Ram Vinay Sah Sl. no. 2 to 4 are sons of Ramyash Sah Resident of Village-Sirsi, P.S.- Nanpur, Dist.-Sitamarhi ... ... Respondents ====================================================== Appearance :

For the Appellant/s :

Mr. Sanjay Parasmani For the Respondent/s :

Mr. Mayanand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA and HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) Date : 02-07-2019

1. Heard learned counsel appearing for the appellant as well as learned Additional Public Prosecutor for the State on I.A. No. 01 of 2019 as well as on the point of admission.

2. I.A. No. 01 of 2019 has been filed for grant of leave. Admittedly, the appellant happens to be wife of the deceased and, therefore, there is no need to seek leave to file appeal against the impugned judgment as the appellant has statutory right to prefer the appeal.

Patna High Court CR. APP (DB) No.18 of 2019 dt.02-07-2019 2/3

3. This appeal has been preferred against the impugned judgment dated 09.10.2018 passed by learned 1st Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 131 of 2013 and Sessions Trial No. 249 of 2014 arising out of Minapur P.S. Case No. 35 of 2012 by which and whereunder learned 1st Additional Sessions Judge, Muzaffarpur acquitted the respondents no. 2, 3 and 4 from the charge framed against them for the offences punishable under Sections 302, 201 of the I.P.C. and by the same impugned judgment convicted co-accused Ramyash Sah.

4. Learned counsel appearing for the appellant submits that learned 1st Additional Sessions Judge, Muzaffarpur on the basis of same evidence convicted co-accused Ramyash Sah but acquitted respondents no. 2, 3 and 4. He submitted that in course of trial, almost all the prosecution witnesses stated that respondents no. 2, 3 and 4 as well as convicted accused Ramyash Sah made their extrajudicial confessional statement and the learned trial court having relied upon above stated extrajudicial confessional statement convicted co-accused Ramyash Sah but acquitted respondents no. 2, 3 and 4.

5. Perusal of impugned judgment goes to show that prosecution came with specific case that respondents no. 2, 3, 4 as well as convicted accused Ramyash Sah made their extrajudicial

Patna High Court CR. APP (DB) No.18 of 2019 dt.02-07-2019 3/3 confession in Panchayati and a Panchnama was prepared which was signed by the convicted accused Ramyash Sah. The learned trial court noted the aforesaid fact and acquitted the respondents no. 2, 3 and 4 on the ground that aforesaid Panchnama was not signed by respondents no. 2, 3 and 4. In our view, there is no absurdity in the view taken by the learned trial court.

6. In view of the aforesaid facts and circumstances as well as discussions, we are of the view that this appeal is devoid of merit and is liable to be dismissed. Accordingly, this appeal stands dismissed on admission stage itself.

(Hemant Kumar Srivastava, J) ( Prabhat Kumar Singh, J) shahzad/- AFR/NAFR N.A.F.R CAV DATE N.A.

Uploading Date 04.07.2019 Transmission Date 04.07.2019