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SANDEEP KUMAR
Lakshman Kumar Prabhakar @ Laxman Kumar Prabhakar – Appellant
Versus
State of Bihar – Respondent
Sandeep Kumar, J.—Heard the parties.
2. The present appeal has been preferred on behalf of the appellant for quashing the judgment and conviction order dated 8.5.2019 and 15.05.2019 respectively passed by the learned Additional Sessions Judge-VI, Sitamarhi in connection with Sessions Case No. 103 of 2011 / CIS No. 1817 of 2014 arising out of G.R. No. 263 of 2010 / Sonbarsa P.S. Case No. 14 of 2010 by which the appellant has been convicted and sentenced to undergo rigorous imprisonment for a period of five years with a fine of Rs. 1000/- and in default of payment of fine, the appellant will have to undergo rigorous imprisonment for a period of further three months.
3. As per the prosecution case, because of land dispute between the parties, the appellant along with others is said to have assaulted the informant and his family members. It is alleged that the appellant has assaulted the informant on his head with Dabiya and other members who were accompanying the appellant have assaulted the informant and his family members with Lathi and Danda (stick).
4. Upon submission of a written report by the informant about the aforesaid occurrence, a criminal case was instituted as Sonbarasa P.S.
The court upheld the conviction under IPC Sections 341, 323, and 325, affirming the trial court's findings based on consistent witness testimonies and corroborating medical evidence.
The prosecution must prove its case beyond a shadow of all reasonable doubts, and doubts regarding the injuries and lawful possession of the accused can benefit the accused in a case.
The acquittal of accused is upheld as the prosecution failed to establish guilt beyond reasonable doubt, highlighting the principle that enmity can lead to false implication.
In criminal cases, lack of medical evidence and reasonable doubt necessitate acquittal on serious charges, while lesser charges may still stand.
Delay in lodging FIR undermines the credibility of the prosecution's case, particularly when evidence is inconsistent and insufficient to support the charges against the accused.
The prosecution's failure to explain injuries to the accused and the unexplained delay in FIR registration raised doubts that led to the allowance of the appeal.
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