Back
2012 Supreme(Pat) 1595
PATNA HIGH COURT
ASHWANI KUMAR SINGH, J.
Deonath Sharma : Appellant
Versus
State of Bihar & Anr. : Respondents
Cri. Appeal (SJ) No.7 of 2012
Decided On : December 17, 2012
Md. Aslam Ansari for the appellant.
S.A Ahmad, APP, for the respondents.
The appellate court's findings must be clear, cogent, and convincing to support a judgment of acquittal.
Headnote:
Code of Criminal Procedure - Appeal against Acquittal - Section 378(4) - Indian Penal Code - Sections 323, 324, 327, 379 - The court discussed the judgment of acquittal passed by the appellate court and the charges framed under the Indian Penal Code against the accused persons. The court analyzed the evidence presented, including witness testimonies and medical reports, and found that the appellate court had clear, cogent, and convincing reasons for recording acquittal. The appellate court's findings were deemed neither erroneous nor perverse, and the appeal was dismissed.
Fact of the Case:
The appellant filed a complaint alleging assault and damage to property by the accused persons. The trial court convicted the accused, but the appellate court acquitted them based on inconsistencies in witness testimonies and failure to establish the genesis and manner of occurrence.
Finding of the Court:
The court found that the appellate court had clear, cogent, and convincing reasons for recording acquittal, and its findings were neither erroneous nor perverse.
Issues: Inconsistencies in witness testimonies, failure to establish the genesis and manner of occurrence, delay in reporting the matter to the police, and lack of prompt medical examination of the victim.
Ratio Decidendi: The appellate court's clear, cogent, and convincing reasons for recording acquittal, and the lack of sufficient evidence to prove the prosecution case beyond reasonable doubt.
Final Decision: The appeal was dismissed.
Ashwani Kumar Singh, J.-
Heard learned counsel for the appellant and the learned counsel appearing on behalf of the State.
2. The present appeal has been rued under Section 378(4) of the Code of Criminal Procedure in pursuance of the leave granted by this Court on 7.11.2012 in S.L.A No. 21 of 2012. The appeal is directed against the judgment of acquittal dated 15.3.2012 passed by the learned Additional District & Sessions Judge. Fast Track Court No. –V, Siwan in Cr. Appeal No. 29 of 2010. by which he has allowed the appeal of the appellants by setting aside the judgment and order of conviction and sentence dated 6.6.2010 passed by the learned Chief Judicial Magistrate lat Class. Siwan in Complaint Case No. 1204 of 2001. The learned Magistrate had convicted the accused; namely. Ram Suneshwar Sharma and Sant Kumar under Section 323 of the Indian Penal Code and sentenced them to undergo for one month simple imprisonment and fine of Rs. 100/- and in default of payment of fine they were directed to undergo further seven days simple imprisonment and the accused namely. Ram Shankar Sharma was convicted under Sections 379 and 324 of the Indian Penal Code. He was sentenced to undergo six months simple imprisonment and a fine of Rs. 200/- under Section 324 of the Indian Penal Code and three months simple imprisonment and a fine of Rs. 200/- under Section 379 of the Indian Penal Code. However, both the sentences were ordered to run concurrently.
3. It is pertinent to note it here that in S.L.A. No. 21 of 2012, leave to appeal against the impugned judgment of the appellate Court was sought against the accused persons. namely. Ram Suneshwar Sharma. Rama Shankar Sharma and Sant Kwnar Sharma. However, the appellant did not press the S.L.A against the accused namely Ram Suneshwar Sharma and Sant Kumar Sharma. By order dated 16.10.2012 passed by this Court in S.L.A. No. 21 of 2012. leave to appeal was granted only against the accused. namely Rama Shankar Sharma. The present appeal has been filed thereafter against respondent No.2 Rama Shankar Sharma only.
4. The appellant had filed Complaint Case No. 1204 of 2001 on 14.9.2001 in the Court of the learned Chief Judicial Magistrate. Siwan against the accused persons alleging therein that a pucca house of the complainant is situated in Revisional Survey Plot No. 1009 under khata No. 268 having an area of 13-1/2 Dhoors land towards the western side situated at village Paniadih P.S. Bhagwanpur District Siwan., in which the complainant had constructed three rooms towards north and east. The complainant and the witnesses Bhrupnath Sharma had constructed a pucca stair to go on the roof in front of the northern room. On 13.9.2001 at 5.30 p.m. in the evening the accused persons namely. Ram Suneshwar Sharma. Rama Shankar Sharma. Sant Kumar Sharma and Nagina Devi started to demolish and destroy the stair of the complainant by means of hammer and other equipments. Such act of the accused persons was objected to by the complainant. It has further been alleged the accused Rama Shankar Sharma assaulted by means of knife. the accused Ram Suneshwar Sharma and Sant Kuamr Sharma assaulted by means of lathi and Nagina Devi assaulted by piece of brick to the complainant. The complainant sustained multiple injuries on his person. The accused Rama Shankar Sharma is further alleged to have taken away Rs. 220/- from the pocket of the complainant. The complainant claims that he sustained a loss of Rs. 15000/- due to the damage caused to the stair of the house.
5. The learned Chief Judicial Magistrate, Siwan made over the case under Section 192 of the Code of Criminal Procedure to the learned Judicial Magistrate 1st Class. Siwan for inquiry and trial. After inquiry the learned Magistrate 1 st Class. Siwan found a prima facie case to be out under Sections 323, 324, 327 and 379 of the Indian Penal Code and. thus; he issued summons against the accused persons. The accused persons thereafter appeared before the Cour
