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IN THE HIGH COURT OF JUDICATURE AT PATNA
VIPUL M. PANCHOLI and Dr. ANSHUMAN, JJ.
Criminal Appeal (DB) No.1348 of 2024
(3.12.2024)
Indradeo Yadav ... Appellant
vs.
State of Bihar & Anr. ... Respondents
Criminal Procedure Code, 1973 – Section 372 [Bhartiya Nagarik Suraksha Sanhita, 2023 – Section 413] – Acquittal of accused – Trial Court has convicted eight accused for commission of the offence punishable under Section 307 r/w Sections 147, 148 and 149 of the IPC, however, Trial Court has acquitted the present respondent and therefore, the appellant has filed the present appeal against the order of acquittal passed against respondent – It is contended by the appellant that there is ample material on record from which it could be said that respondent is also involved in the alleged incident and that even two injured witnesses have also specifically deposed before the Court and levelled allegation against respondent that he gave the order, upon which the other accused started firing, in which they sustained injury – As per the case of the prosecution, the incident took place at about 9:30 AM on and the FIR was lodged by PW-2 – However, it is not in dispute that, in the FIR, the informant did not name respondent and he had levelled allegation against all other accused who are named in the said FIR – It would further reveal from the record that PW-2 has deposed before the Court in which he had levelled allegation against the present respondent, that he commanded "Goli Maaro" and thereafter the other accused assaulted with the weapons which they were carrying – It would further reveal from his deposition that PW-2 has admitted that he has prior enmity with the respondent – Investigating Officer has specifically stated that respondent has been falsely implicated by appellant due to prior enmity – Prosecution has failed to examine the independent witnesses – Plea taken by respondent before the trial court about his false implication was accepted by the trial court – It has been specifically observed by the trial court that doubt has been raised with regard to presence of respondent at the place of occurrence and giving order to kill the persons who were present at the place of occurrence – If two reasonable conclusions are possible on the basis of the evidence placed on record, the Appellate Court should not disturb the finding of acquittal recorded by the Trial Court and the Appellate Court must bear in mind that in case of acquittal there is double presumption in favour of the accused – Firstly, the presumption of innocence is available to him under the fundamental principles of criminal jurisprudence that every person shall be presumed to be innocent, unless he is proved guilty by competent court of law – Secondly, the accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by the Trial Court – Trial Court has not committed any error while passing the order of acquittal against respondent and therefore, in the present acquittal appeal, no interference is required – Appeal dismissed. (Paras 11, 12, 13 & 17)
Vipul M. Pancholi, J.—Heard Mr. Ranjan Kumar Jha, learned Advocate assisted by Mr. Mirtyunjay Kumar, learned counsel for the appellant/ informant and Mr. Binod Bihari Singh, learned A.P.P for the Respondent-State.
2. The present appeal has been filed on behalf of the appellant/original informant/victim under Section 372 of the Code of Criminal Procedure, 1973, against the order of acquittal dated 07.10.2024 rendered by the learned Additional Sessions Judge XIV, Bhagalpur, in Sessions Trial No. 503 of 2017, arising out of Jagdishpur P.S. Case No. 219 of 2014, whereby the present Respondent No. 2/Original accused has been acquitted.
3. The prosecution story, in short, based on the fardbeyan of the informant is that on 17.08.2014 at about 09.30 AM, the informant, his brothers Sagar Yadav, Indradeo Yadav, Bilash Yadav, Kailash Yadav, Budhan Yadav, and Sanjay Yadav were present in their field for planting paddy crop. In the meanwhile, the FIR named accused persons Binno Yadav, Inno Yadav, Horil Yadav, Jajjan Yadav, Billo Yadav, Pankaj Yadav, Happo Yadav, Palati Yadav, Matu Yadav and Dhanji Yadav armed with deadly weapons reached there and asked them not to plant paddy in the said field, upon which the informant told that they will stop their planting work, but will call for administration and according to administration they will act, whereafter, the accused persons started abusing and assaulting them and also restrained them from planting. It is further alleged that Binno Yadav and Inno Yadav assaulted the informant with butt of musket on his head as a result whereof his head was ruptured. Sajjan Yadav and Pankaj Yadav assaulted Budhan Yadav with butt of pistol on his head causing rupture injury on his head. It is further alleged that Hippo Yadav assaulted Budhan Yadav on his back with sharp edged Khanti. It is further alleged that Pankaj Yadav assaulted Bablu Yadav with lathi and injured him. It is further alleged that Binno Yadav and Inno Yadav made firing with intention to kill them, upon which the informant and others hid themselves by laying on ground. It is further alleged that accused persons assaulted the members of their family and caused injuries to them. On hulla, that police is coming, the accused persons fled away. The reason of occurrence is land dispute. On the basis of fardbeyan of the informant, Jagdishpur PS. Case No 219/2014 came to be registered, on 17.08.2014, for the offences punishable under Sections 147,148, 149, 341, 323, 324, 307, 504 of the Indian Penal Code (IPC) and Section 27 of Arms Act against all the named accused persons.
4. Upon completion of investigation, charge-sheet was submitted under Sections 147,148, 149, 341, 323, 324, 307, 504 of the IPC and Section 27 of Arms Act and on the basis of charge-sheet dated 31.01.2016, cognizance was taken under Sections 147, 148, 149, 341, 323, 324, 307, 504 of the IPC and Section 27 of Arms Act against the accused persons.
5. The charges were framed on 10.05 2018 against the accused persons, namely, Inno Yadav, Horil Yadav, Bilash Yadav @ Billo, Jajjan Yadav, Bhairo Yadav (appellant herein), Patuli Yadav, Natu Yadav, Dhauji Yadav and Pankaj Yadav under Sections 147, 148, 341, 323, 324 of the IPC and under Section 307/149 IPC. The charges were read over and explained to the accused persons in Hindi, to which they have pleaded not guilty and claimed to be tried.
6. The concerned Magistrate committed the case under Section 209 of the Code to the concerned Sessions Court as the same was exclusively triable by the Court of Sessions.
7. Before the Sessions Court, the prosecution examined seven witnesses and defence has also examined one witness.
8. After the conclusion of the trial, the trial Court acquitted the private respondent/accused and, therefore, the informant has preferred the present appeal.
9. Learned counsel for the present appellant/original informant/victim has supplied the copy of the deposition of the prosecution witnesses as well as other relevant docume
An appellate court must maintain double presumption of innocence in acquittal cases and should not overturn unless clear errors are present in trial court's judgment.
The principles governing appeals against acquittal emphasize the presumption of innocence and the necessity for the prosecution to prove guilt beyond a reasonable doubt, with the appellate court exer....
An appellate court must respect the acquittal by the trial court unless the judgment suffers from severe legal flaws or misinterpretations of evidence.
An acquittal by the trial court reinforces the presumption of innocence, and an appeal against such acquittal requires substantial justification, which was lacking in this case.
The appellate court upheld the trial court's acquittal due to insufficient evidence, emphasizing the presumption of innocence and the principle that two reasonable views should not disturb the trial ....
In criminal appeals against acquittal, the appellate court must not interfere unless the trial court's findings are perverse or devoid of substantial evidence, adhering to the presumption of innocenc....
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