PATNA, India, Sept. 22 -- Patna High Court issued the following judgment on Aug. 22:

Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.

2. The present criminal appeal has been preferred under Section 372 of the Code of Criminal Procedure, 1973 against the judgment of acquittal dated 22.07.2024 passed by the learned Sessions Judge, Sheohar in Sessions Trial No. 70 of2018, arising out of Tariyani P.S. Case No. 142 of 2017, whereby Respondent Nos. 2 to 8 have been acquitted by the learned Trial Court from the charge of Sections 307/34, 504/34, 427/34, 379/34 of Indian Penal Code and further respondent Nos. 2 to 4 & 7 have been acquitted from the charge of Sections 323/34 and 341/34 of the I.P.C.

3. The prosecution case, in brief, is that on 21.08.2017, the informant was at his home when he saw the accused persons, namely, Ram Sahni, Laxman Sahni, Gulab Sahni and Santosh Sahni carrying branches of mango tree broken from his orchard and when he resisted them from doing so, all of them started creating nuisance. Thereafter, they called the other accused persons, namely, Dharikshan Sahni, Asharfi Sahni, Chhathu Sahni, Tetar Devi, Kusami Devi, Banarsi Devi and Arun Sahni, who arrived there armed with lathi, danda and bamboo sticks. It is alleged that all of them with intention to kill the informant, started assaulting him and in course of assault, they have stolen Rs. 5,000/- from his pocket as also a gold chain worn by him. It is further alleged that all the accused persons tried to commit murder of the informant by strangulating him with a towel but his life was saved when his brother Chandra Kishore Mishra came in his rescue, who also was assaulted by the accused persons. It is further alleged that life of the informant and his brother was saved only on arrival of villagers and thereafter they were taken to the hospital for treatment.

4. On the basis of the fardbeyan of the informant, Tariyani P.S. Case No. 142 of 2017 was instituted under Sections 323, 341, 379, 427, 504/34 of I.P.C. and investigation was taken up by the police. The police after investigation submitted charge-sheet against Respondent Nos. 2 to 8 and, accordingly, cognizance was taken. Thereafter the case was committed to the Court of Sessions. Charges were framed against the accused persons to which they pleaded not guilty and claimed to be tried.

5. During the trial, the prosecution examined altogether nine witnesses i.e. PW1- Sangita Devi, PW2- Bharti Devi, PW3- Ramavtar Sahni, PW4- Braj Kishor Mishra (Informant), PW5- Soni Devi, PW6- Dr. Sanjay Kumar, PW7- Dr.Anil Kumar, PW8- Dr. Tej Pratap Singh and PW9- Daya Shankar Sah. The prosecution has also produced certain documents, which were marked as Exhibits: Ex. 1- Signature of the informant on the fardbeyan, Ex. 1/1- written petition, Ex. 2, 2/1, 2/2- signatures of Dr. Sanjay Kumaron X-ray plates, Ex. 3- injury report of the informant, Ex. 4- report of Medical Board, Ex. 5- C.T. Scan report, Ex. 6- formal FIR and Ex. 7- requisition for injury report of the informant. No witness has been examined on behalf of the defence. After closure of prosecution evidence, the statements of the accused persons were recorded under Section 313 of the Cr.P.C. and after conclusion of trial, the learned trial court has acquitted the accused persons.

6. Learned counsel for the appellant has submitted that the trial court has failed to consider the evidence of the prosecution witnesses, especially the informant who was mercilessly assaulted by the accused person by lathi, danda and bamboo sticks and also tried to strangulate him with a towel with intention to kill him. He further submits that the trial court has also failed to consider the injury received by the informant which was corroborated by the injury report marked as Exhibit3.

7. We have heard the learned counsel for the appellant and have also gone through the records of the case.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NSMxMjg5IzIwMjQjMSNO-E--am1--oEghWJFhE=

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