PATNA, India, Sept. 29 -- Patna High Court issued the following judgment on Aug. 29:
The present criminal appeal has been preferred under Section 372 of the Code of Criminal Procedure, 1973 against judgment of acquittal dated 01.10.2024, passed by the learned A.D.J.-III, Bhojpur (Ara) in Sessions Trial No. 398 of 2010, arising out of Charpokhari P.S. Case No.145 of 2010, whereby Respondent Nos.2 to 7 have been acquitted by the learned Trial Court from the charge of Sections 148, 149, 307, 341 of Indian Penal Code and Section 27 of the Arms Act.
2. The prosecution case, in brief, according to the fardbeyan of the informant, is that on 03.12.2009, Subhash Singh (respondent no.3) and his family members blocked the road adjoining the canal, whereupon the informant's nephew (Awadhesh Singh) removed that obstruction. On the next day, at about 07:00 A.M., the respondents again blocked the said road, upon which the informant's son Nawal Kishore Singh, (P.W.-1) asked the respondents not to block the road. Thereafter, Prabhu Singh, Nand Kishore Singh, Mohan Singh abused Nawal Kishore Singh (P.W.-1), and Subhash Singh, Manish Singh, Umesh Singh, all armed with country-made pistol; and Upendra Singh, Surendra Singh, Sukaran Singh, Nanhak Singh, Veer Bahadur Singh, Rajendra Singh, Mantu Singh, Sanjay Singh, Vimlesh Singh, Lal Babu Singh, Phul Babu Singh, Angrahil Singh armed with lathi, bhala and farsa came and assaulted the informant's son (P.W.-1). The informant further alleged that Subhash Singh opened fire on the informant's son (P.W-1) with intention to kill him which hit his chest and he fell down. One Manish Singh also fired upon the informant, and the informant received injury on his left arm; and Umesh Singh (Respondent no.6) also made multiple firing but did not hit anyone. The other accused persons assaulted the informant's son with lathi, danda and farsa. Thereafter, the injured persons, i.e., the informant and his son were taken to the hospital for treatment.
3. On the basis of written report of the informant, Charpokhari P.S. Case No.145 of 2009 was instituted under Sections 147, 148, 149, 341 & 323/307 of the Indian Penal Code and Section 27 of the Arms Act and investigation was taken up by the police. The police, after investigation, submitted chargesheet against Respondent Nos.2 to 7 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.
4. During the trial, the prosecution examined altogether eleven witnesses, i.e., PW-1 Nawal Kishore Singh, PW-2 Ram Bachan Singh, PW-3 Raj Kishore Singh, PW-4 Sunil Kumar @ Sunil Singh, PW-5 Ram Narayan Ram, PW-6 Divya Prakash Singh, PW-7 Bharat Singh, PW-8 Ram Nagina Ram, PW-9 Dr. Sanoj Kumar Singh, PW-10 Pawan Kumar Singh and PW-11 Dr. Praduman Prasad Singh. The prosecution has also produced certain documents which were marked as 'Exhibits': Signature of Informant on fardbeyan, Signature of doctor Sanoj Kumar on discharge report, Signature of witness Ram Bihari Paswan on formal FIR, Signature of Gauri Shankar Sharma (I.O.) on charge-sheet and Signature of Doctor Praduman Singh on injury report. 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, learned Trial Court has acquitted the accused persons.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NSMxNTA2IzIwMjQjMSNO-ow8aiIl3RM4=
Disclaimer: Curated by HT Syndication.
