Om Prakash Giri vs State of Bihar - 2024 Supreme(Pat) 565

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Pat) 565

JITENDRA KUMAR
Om Prakash Giri – Appellant
Versus
State of Bihar – Respondent

Advocates:
For the Appellant : M/s Vikas Ratan Bharti, Kumar Abhishek, Deepak Kumar.
For the State : Mr. Bal Mukund Prasad Sinha, APP.
For the Resp. No. 2 to 13 :M/s Devashish Giri, Advocate, Sumit Kumar.

Jitendra Kumar, J.—The present appeal has been preferred by the informant against the impugned judgment of conviction and order of sentence dated 30.04.2022 passed by Ld. Additional District & Sessions Judge-VIIth, Gopalganj in Sessions Trial No. 251 of 2017 (Reg No. 251 of 2017 and Gr. No. 9607 of 2014), arising out of Manjhagarh P.S. Case No. 101 of 2013, whereby all the private respondents herein have been acquitted of charges under Sections 188, 148, 149, 307, 452, 379 and 504 of the Indian Penal Code though they have been convicted for the offence punishable under Sections 147, 447, 341, 323 and 427 of the Indian Penal Code and released after admonition under Section 3 of the Probation of Offenders Act, 1958.

2. The prosecution case as emerging from the written report of the informant as addressed to the Officer-in-Charge of Manjhagarh Police Station, Gopalganj, is that at 8:00 PM on 19.5.2013 the accused persons, who are Respondents No. 2 to 13 herein, came to the door of his house with arms in their hand and entered into his house and assaulted him, his wife Hemanti Devi and mother Bhagirathi Kunwar and Lalasa Devi causing injuries on their persons. On account of the assault,