Patna High Court

G. APP. (DB)/13/1989 of THE STATE OF BIHAR Vs JUGAL MANDAL and ORS. on 1 January 1989

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COURT OF JUDICATURE AT PATNA Govt. Appeal (DB) No.13 of 1989 =================================================== Against the judgment of acquittal dated 16 th February, 1989 passed by Sri L. W. Kujur, 2 nd Additional Sessions Judge, Munger in Sessions Trial No. 464 of 1982 and 272 of 1982.

IN THE HIGH COURT OF JUDICATURE AT PATNA Govt. Appeal (DB) No.13 of 1989

=================================================== Against the judgment of acquittal dated 16[th] February, 1989 passed by Sri L. W. Kujur, 2[nd] Additional Sessions Judge, Munger in Sessions Trial No. 464 of 1982 and 272 of 1982.

===================================================

The State of Bihar ………………………………………Appellants

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1. Jugal Mandal son of Girdhari Mandal

2. Rajendra Mandal son of Mahbir Mandal

3. Ramchandra Mandal Son of Mahabir Mandal

4. Mukund Mandal Son of Mahabir Mandal

5. Shankar Mandal son of Thakur Mandal

6. Umakant Mandal son of Thakur Mandal

7. Mahabir Mandal son of Hari Mandal

8. Thakur Mandal son of Hari Mandal 9.Ram Bilash Mandal son of Faqir Mandal 10.Dilip Mandal son of Mohar Mandal

11. Narsingh Mandal son of Chethru Mandal

12. Ganesh Mandal son of Maharaj Mandal

13. Umesh Mandal son of Maharaj Mandal

14. Saryug Mandal son of Jagarnath Mandal

15. Faqir Mandal Son of Mishri Mandal

16. Kuldeep Mandal Son of Baidyanath Mandal

17. Singheshwar Mandl son of Bhum Mandal

18. Kamo Mandal Son of Pradip mandal 19.Gurudeo Mandal son of Chandra Mandal

20. Rajaram Mandal son of Shiv Mandal 21.Sbhit Lal Mandal Son of Baidyanath Mandal

22. Cahndra Mandal Son of Badri Mandal

23. Prakash Mandal son of Hari Nath Mandal

24. Yogendra Mandal Son of Narayan Mandal 25.Bijoy Mandal Son of Radhe Mandal 26.Bittan Mandal Son of Kuldeep Mandal

27. Subodh Mandal Son of Biswanath Mandal All resident of village- Kadarganj, P.S. Kharagpur, District- Munger

.... .... Respondent/s

Appearance :For the Appellant/s : Mr. Ashwini Kumar Sinha, APP For the Respondent/s : Mr. Ved Prakash, Advocate Mr. Abhishek Kumar, Advocate

===================================================

CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA

and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL

ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA)Date: 14-09-2012

Above noted Govt. Appeal is directed against the judgment dated 16[th] February, 1989 passed in Sessions Trial No. 464 of 1982 and 272 of 1982 whereby the respondents above named were acquitted from the charges under sections 426, 302/34 and 302/149 of the Indian Penal Code.

2. On the basis of fard-beyan of Khyali Mandal recorded in Kharagpur Hospital on 5.12.1981 at 10.30 AM, formal FIR was registered as Kharagpur P.S. Case No. 211 dated 5.12.1981 under sections 148, 149, 302, 324, 337, 342, 448 and 426 of the Indian Penal Code. After drawing the formal FIR, the investigation started and after completion of investigation, chargesheet was submitted. Since the case was triable by the court of Sessions, it was committed to the court of Sessions where the charges were framed and explained to the accused persons/respondents to which they pleaded their innocence and trial proceeded.

3. The finding of the Trial Court was that the prosecution has suppressed the genesis of occurrence. The injuries on the side of the accused were not explained, so it has been submitted that the prosecution case was nothing but the imagination of the prosecution and has tried to conceal the real version. The Trial Court after hearing the submissions and after going through the depositions opined that the definite case of the prosecution is of the injuries on other side. This has not been challenged. There is no explanation that how the injuries occurred. In support of the case, eight witnesses were examined. Considering the fact that the prosecution has concealed the real version and has tried to prove the case against the accused, the Trial Court found that the correct version has not been brought on record and so the accused persons were held not guilty and acquitted them from the charges. The accused persons were discharged and that order has been challenged.

4. It is well settled that an order of acquittal can only be interfered with if it is beyond the record or the materials placed on the record have not been discussed. The Trial Court has taken pain to discuss all the evidence which had come against the accused persons and after threadbare analysis of the evidence, has come to its opinion. The opinion of the Trial Court is based upon the sound reasoning and all the materials available on the record were looked into. Such order of acquittal cannot be interfered with.

5. After hearing the both sides, we are of the view that the order of the Trial Court does not require any interference of this Court. In the result, this government appeal is held to be without merit and it is accordingly, dismissed.

(Shyam Kishore Sharma, J)

(Amaresh Kumar Lal, J)

Patna High Court Dated 14[th] September, 2012 Avin.

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