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IN THE HIGH COURT OF PATNA
Prakash Chandra Jaiswal, J.
Rikesh Kumar Yadav - Appellant
Vs.
State of Bihar - Respondent
Criminal Appeal No. 211 of 2013
Decided On : 28-11-2018
Indian Penal Code - Assault - Sections 323, 307, 147, 148, 149, 324, 436 - The judgment discusses the prosecution's failure to substantiate the charges against the appellants, highlighting inconsistencies in the ocular evidence, lack of corroboration by medical evidence, and absence of objective evidence at the place of occurrence. The court also considers the animosity between the parties and rules in favor of the appellants, setting aside the judgment and acquitting them of all charges.
Fact of the Case:
The case involves a brawl resulting in injuries to the victims, allegedly due to a land dispute between the parties. The prosecution failed to substantiate the charges against the appellants, citing inconsistencies in the evidence and lack of corroboration.
Finding of the Court:
The court found that the prosecution failed to provide convincing and reliable evidence, highlighting inconsistencies in the ocular evidence, lack of corroboration by medical evidence, and absence of objective evidence at the place of occurrence. The court ruled in favor of the appellants, setting aside the judgment and acquitting them of all charges.
Issues: The key issue was whether the prosecution could prove the charges against the appellants beyond all reasonable doubts.
Ratio Decidendi: The court's decision was based on the prosecution's failure to provide convincing, cogent, and consistent evidence, as well as the lack of corroboration by medical evidence and objective evidence at the place of occurrence.
Final Decision: The court set aside the judgment and order of conviction and sentence passed against the appellants, acquitting them of all charges.
Prakash Chandra Jaiswal, J.
1. Heard learned counsel for the appellants and learned APP for the State on this Criminal Appeal.
2. This criminal appeal has been preferred against the judgment and order of conviction dated 06.03.2013 and order of sentence dated 12.03.2013 passed by learned Adhoc Addl. Sessions Judge-IV, Katihar in Sessions Trial no. 265 of 2005 arising out of Katihar P.S. Case No. 284 of 2003 whereby the learned trial court convicted the accused Ramawtar Yadav and Rikesh Kumar Yadav for the offence punishable under Section 323 of the Indian Penal Code and accused Nilesh Yadav for the offence punishable under Sections 323 and 307 of the Indian Penal Code and sentenced them to undergo S.I. for six months each under Section 323 of the Indian Penal Code and further sentenced accused Nilesh Yadav to undergo R.I. for five years and also slapped him with a fine of Rs. 10,000/- and in default of payment of fine to further undergo R.I. for one year under Section 307 of the Indian Penal Code.
3. The factual matrix of the case is that Katihar P.S. Case No. 284 of 2003 was instituted under Sections 147, 148, 149, 323, 324, 307, 436 of the Indian Penal Code against accused Ramawtar Yadav, Nilesh Yadav, Kumar Rikesh, Pikesh and Sushila Devi on the basis of fardbeyan of Sanjit Kumar Yadav S/o Late Ram Kishun Yadav recorded by A.S.I. A.K. Ghosh on 13.06.2003 at 13:05 hours in the emergency ward at Bed no. 6 at K.M.C.H., Katihar with the allegation, in succinct that on 13.06.2003 at around 08:30-08:45 AM, he got information at Sahid Chowk, Katihar about brawl in his house. On the said information, he immediately rushed to his house and found that Ramawtar Yadav assaulted his brother Bhopal Yadav by means of bamboo and he was writhing in pain, then he reached out to Ramawtar Yadav to know the reason of assaulting his brother by him, whereupon Ramawtar Yadav, Nilesh Yadav, Kumar Rikesh, Pikesh and Sushila Devi assaulted him and his brother-in-law Joshi George by means of khanti and bamboo. Nilesh Yadav assaulted on the left side and on the left front of the head of Joshi George by means of khanti and made him seriously injured. Sustaining injuries, he fell senseless. Nilesh Yadav also made him injured by assaulting on below his right knee and left the scene extending threatening of their eviction from the village. The aforesaid occurrence took place due to torching his house at 07:00 AM and on quizzing by his brother about reason of torching the house, assaulting him by the aforesaid accused persons. The bone of contention is said to be that Ramawtar Yadav has got executed land illegally in favour of his wife, namely, Sushila Devi which is in his possession for 25-26 years and want to evict the informant and his family from the aforesaid property. During the course of occurrence, accused Ramawtar Yadav also sustained injury by khanti blow given by his son. Tuntun Yadav and others witnessed the occurrence.
4. The aforesaid case was investigated by the police and on conclusion of the investigation, I.O. submitted charge-sheet against accused Ramawtar Yadav, Nilesh Yadav and Rikesh Kumar Yadav under Sections 341, 323/34 of the Indian Penal Code.
5. On receiving the charge-sheet and the case diary and perusing the same, the learned Magistrate took cognizance of the offence under Sections 147, 323, and 307 of the Indian Penal Code and committed the case to the court of sessions, and after commitment and on transfer finally the case came in seisin of the learned Adhoc Addl. Sessions Judge-IV, Katihar for trial.
6. Charge against the accused Ramawtar Yadav, Nilesh Yadav and Rikesh Kumar Yadav was framed under Sections 323 and 307 of the Indian Penal Code. Charge was read over and explained to them by the court to which they pleaded not guilty and claimed to be tried.
7. To substantiate its case, in ocular evidence, the prosecution has examined altogether six prosecution witnesses namely, Tuntun Kumar Yadav as PW-1, informant Sanjit Ku
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