PATNA, India, Sept. 17 -- Patna High Court issued the following judgment on Aug. 18:

The present criminal appeal has been preferred under Section 372 of the Code of Criminal Procedure, 1973 against the order dated 12.03.2024 passed by the learned Additional Sessions Judge- IX, Kaimur at Bhabhua in Sessions Trial No. 4591 of 2014, arising out of Durgawati P.S. Case No. 42 of 2011, whereby the learned Trial Court has been pleased to release the accused persons by giving them benefits of Probation of Offenders Act.

2. Vide order dated 23.04.2025, Trial Court records was called for, which was received on 07.05.2025.

3. The prosecution case, in brief, is that on 13.04.2011 at about 07:00 a.m., due to a land dispute between the parties, the accused persons, namely, Shyama Kushwaha and Rama Kushwaha assaulted the informant Sunil Kumar with lathi and danda. When the victim raised alarm about the alleged occurrence, the victim's father and uncle came in his rescue where upon the accused Rajendra Kushwaha, Gauri Kushwaha and Balwant Kushwaha assaulted them with lathi and danda. On hearing the scream, villagers gathered there and intervened.

4. On the basis of written statement of the informant, Durgawati P.S. Case No. 42 of 2011 was instituted under Sections 341, 323, 307, 325/34 of Indian Penal Code and investigation was taken up by the police. The Police after investigation, submitted charge-sheet against Respondent Nos. 2 to 6 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 eight prosecution witnesses i.e. PW1 Basgit Singh Kushwaha, PW2 Nathuni Singh Kushwaha, PW3 Sushil Kumar, PW4 Sunil Kumar (informant), PW5 Chandrama Singh, PW6 Yamuna Kushwaha, PW7 Dr. Dineshwar Kumar and PW8 Parshuram Singh. The prosecution has also produced certain documents which were marked as 'Exhibits' i.e., signature of informant on the written statement and the injury reports. 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 Cr.P.C. and after conclusion of trial, learned Trial Court held the accused guilty for offence punishable under Section 323/34 and Section 341/34 of IPC, and thereafter released the accused persons providing benefits of Section 3 of the Probation of Offenders Act.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NSM5NzEjMjAyNCMxI04=-9uZXVtV6--am1--Io=

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