High Court of Patna Set Aside the Judgement passed by The Trial Court as the entire story remains Under wrap & the truth has not been unravelled by the prosecution
TiTLE-Daroga yadav vs State of Bihar with Raju Mishra vs State of Bihar with Banmali vs The State of Bihar with Nathuli Mishra vs The State of Bihar with Ramji Mishra vs State of Bihar
Decided on-05/12/2023
+CR.APP(DB)No.1381/2017
CORAM-HONORABLE JUSTICE MR.ASHUTOSH KUMAR And HON’BLE JUSTICE NANI TAGIA
INTRODUCTION
As The appeal has been filed by the appellant as The appeallants have been convicted under section 302/149 of IPC Judgement passed by the learned presiding officer,First Track Court -I ,Buxar in session Trial No 09/2018 and by order dated on 31/10/2017 they have been sentenced to undergo R.I for life and to pay fine.
FACTS
As per the facts of the Prosecution case as on 20/1/2002 ab FIR was lodged in village Barkagaon under Buxar Industrial Police Station under section 302,120(B) ,34 of IPC as it was alleged that previous night petitioner witness 1 along with Petitioner witness 2 ,3 and other were sleeping in the thatched house.A Nathuni Mishra (deceased) got up in the night to urinate and out of fear he woke up all the witness and also followed him and after travelled for a distance of about 200 yards all of them saw Eight persons had assembled beneath a tree and further the deceased was caught by the appellants and Appellant Ram ji Mishra fired from his weapon putting the muzzle if the weapon close to the chest of the deceased leading to instantaneous death.As after the FIR, police investigation submitted the charge sheet against some of the person but later the appeallants were summoned to face trial along with Ashok Mishra under section 319 of the Cr.P.C
THE COURT ANALYSIS AND DECISION
As per the Hon’ble court after having the perused the records observed that none of the three witnesses who claimed to have seen the occurrence have made any correct statement before the trial court as the FIR itself discloses that the occurance had not taken place in the manner in which it has been narrated.As referred above all the three investigation officer have nothing else to provide except that they had recorded few paragraphs of the case dairy and that no specific efforts were made by any one of them to come to the truth.If out of eight persons named in the FIR only one person was put on trial and later was acquitted and the appellants have to faced the trial on being summoned under section 319 of Crpc the investigation definitely appears to be bizarre.There was no cloth seized or weapon of assault was seized nor I.O recording the fardbeyan giving any clue as to what was the information received in the police station,entire story remains under wraps and truth has not been unravelled and aforenoted the judgement is set aside and all the appellants are acquitted of the charges levelled against them and the appeals stand allowed.
PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.
Written by- Prachee Novo Mukherjee
