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IN THE HIGH COURT OF JUDICATURE AT PATNA
ASHWANI KUMAR SINGH, J.
Vijay Kumar Shukla and Ors. – Appellant
Versus
The State of Bihar & Ors. – Respondents
Criminal Appeal (SJ) No.629, 497 of 2014
Decided On : 17-03-2015
Acquittal - Criminal Law - Indian Penal Code, Section 341, 324, 307 read with 34 - The court discussed the evidence and found that the prosecution failed to prove the charges beyond reasonable doubt, leading to the acquittal of the accused Satish Mishra and Salik Shukla. The appellant Manoj Shukla was acquitted of the charge under Section 307 but convicted under Sections 324 and 341, which was later set aside on appeal.
Fact of the Case:
The case involved an incident where the appellant demanded money from the informant, leading to a confrontation and alleged assault. The trial resulted in the acquittal of some accused and conviction of the appellant.
Finding of the Court:
The court found that the prosecution failed to prove the charges beyond reasonable doubt, leading to the acquittal of the accused Satish Mishra and Salik Shukla. The appellant Manoj Shukla was acquitted of the charge under Section 307 but convicted under Sections 324 and 341, which was later set aside on appeal.
Issues: The issues revolved around the credibility of the evidence presented by the prosecution, the discrepancies in the statements of witnesses, and the lack of corroborating material exhibits.
Ratio Decidendi: The court's decision was influenced by the lack of credible evidence, contradictions in witness statements, and absence of material exhibits, leading to the conclusion that the prosecution failed to prove the case beyond reasonable doubt.
Final Decision: The appeal of the appellant Manoj Shukla was allowed, setting aside the conviction and sentence. The appeal filed by the informant against the acquittal of the accused Satish Mishra and Salik Shukla was dismissed.
At the outset, learned counsel for the appellant Vijai Kumar Shukla (Cr.Appeal (SJ) No. 629 of 2014) has submitted that inadvertently name of the father of respondent no.2 Satish Mishra has been typed in the memo of appeal as Shalik Shukla in place of Vyas Mishra. Let the same be correctly typed as Vyas Mishra in the cause title.
2. These appeals arise out of a judgment and order dated 31.7.2014 passed by the learned Additional District and Sessions Judge-IV, Gopalganj in Sessions Trial No.17 of 2012/180 of 2014 whereby respondent nos. 2 and 3 of Cr.Appeal (SJ) No. 629 of 2014 namely, Satish Mishra and Salik Shukla have been acquitted of the charges framed against them under Sections 341, 324 and 307 read with 34 of the Indian Penal Code and the appellant Manoj Shukla of Cr. Appeal (SJ) No.497 of 2014 has though been acquitted of the charge under Section 307 read with 34 of the Indian Penal Code but has been convicted under Sections 324 and 341 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.10,000/- and in default thereof to undergo simple imprisonment for six months under Section 324 of the Indian Penal Code and simple imprisonment for one month under Section 341 of the Indian Penal Code. However, both the sentences have been ordered to run concurrently.
3. The Cr.Appeal (SJ) No.629 of 2014 has been filed under the proviso to Section 372 of the Code of Criminal Procedure by the informant of the police case in question against the judgment of acquittal in respect of respondent nos.2 and 3 whereas the Cr. Appeal (SJ) No.497 of 2014 has been filed by the convict Manoj Shukla against the judgment of conviction passed against him by the trial court.
4. The prosecution story according to the fardbeyan given by the Vijay Kumar Shukla (P.W.7) on 22.5.2011 at 7.30 a.m. before the Assistant Sub Inspector, Md. Ali Kausar (P.W.8) at Kateya Police Station in the Referral Hospital, Kateya is that on 22.5.2011 in the morning while he was at his house his brother Manoj Shukla demanded money from him which was spent in construction of the house. The informant told him to swear in the name of God in the “Shiv Mandir” in this regard but he refused to do so. Thereafter, accused Manoj Shukla told him to leave the house but the informant refused to oblige him and said that he had also spent huge amount over construction of the house. Being infuriated upon the reply given by the informant, the accused Manoj Shukla inflicted a Chhura blow on the right side of his abdomen. His father Salik Shukla ordered the other accused persons to kill him and his brother Sailesh Shukla was hurling Lathi so that no one could be able to intervene in the matter. The motive behind the occurrence is alleged to be illicit relationship of his brother with the wife of one Giridhari Shukla. Apart from that, it is alleged that as the informant was issueless his wife wanted him to marry some other girl to bring forth offspring, the other members of the family wanted to eliminate him in order to grab his property. After inflicting Chhura blow, it has been stated that the accused persons left the place on the motorcycle of one Satish Mishra.
5. On the basis of the aforesaid allegation, the police registered first information report and took up investigation of the case. On conclusion of investigation, charge-sheet was submitted under sections 341, 324 and 307 read with 34 of the Indian Penal Code against altogether four accused persons, namely, Manoj Shukla, Satish Mishra, Salik Shukla and Sailesh Shukla. The learned Magistrate before whom the charge-sheet was submitted took cognizance of the offence and after complying with the mandatory provisions prescribed under section 207 of the Code of Criminal Procedure the case was committed to the court of sessions for trial.
6. The accused persons were charged for the offences punishable under sections 341, 324 and 307 read with 34 of the Indian Penal Code.
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