The High court of Patna allowed the petition to set aside the judgement and order sentence by the trial court as no proper material to be proved under section 147,148 and 307 r/w149 of IPC
Title-chakra@chakravarty Kumar VS The state of Bihar
Decided on -31/10/2023
+CR.APP (SJ) No.523/2017
CORAM- HON’BLE JUSTICE MR.SHAILENDRA SINGH
INTRODUCTION
The appeal has been filed against the impugned judgement and order of sentence passed by learned Additional Sessions Judge-VI Aurangabad by which appellant was held Guilty for the offences punishable under section 147,148 and 307 r/w section 149 of IPC and in case of non payment of fine they were directed to further undergo rigorous imprisonment for six months and all the said sentences were directed by the trial court.
FACTS
As per the facts substance of the prosecutions case as per the fardbeyan oh informant as on 31/10/2013 the informant was sitting at Sharma mobile shop located at Amba Hariharganj road, meanwhile two person chara bad sujeet Mehta came in motorcycle which was parked few feet away from the shop thereafter co-convict sujeet Mehta came near him and talking to other persons and then the appellant/convict sujeet Mehta took out a pistol and opened fire at him which hit at his right hand near elbow and chakra appellant/convict also fired at him and then anyhow he rushed & saved himself and file a formal FIR was registered and were appellant stood charged for the offences punishable under section 147,148,149 and 307 of IPC and also changed for offence punishable under section 27 of Arms Act.and both wre charged in two different trial court and after framing charges their trial ran jointly and convicted for the same judgement which has been challenged In this appeal.After the completion of prosecution evidence the statements of the convict were recorded and the appellant no.1 denied the circumstances appearing against him.The learned counsel for appellant states that before the trail court the prosecution failed to establish the alleged place of occurrence and no serious contradiction among the statements of the material and also it was further argued that the eyewitness if the alleged occurrence as per FIR deposed a contradictory fact in respect of the allegation concerned to tha appellant no.1 and the investigation officer did not examine the shopkeepers whose shops are situated nearby the place of occurrence except one shopkeeper where as learned APP opposed and state that all the allegation has been supported by the material prosecution witnesses .
THE COURT ANALYSIS AND DECISION
As per the Hon’ble court , the court heard both sides perused the Judgement impugned and evidence available on the case record of trial court and persued the statements of the appellant. In the light of the circumstances appearing from the above discussed facts and evidence, the court analysis they athe prosecution didi not succeed to prove the allegations levelled against the hr present appellant No.1 by the so-called victim in his fardbeyan beyond reasonable doubt and the evidence of the prosecution were not appreciated in right manner in respect if the allegations made against the appellant No.1 and said to be allegations appear to be highly suspicious. As such, The impugned Judgement and impugned order sentencing the appellant are hereby set aside and the appellant is acquitted of the offences charged. In result the present appeal stands allowed.
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Written by -Prachee Novo Mukherjee
