THE HIGH COURT OF PATNA SETASIDE THE JUDGEMENT PASSED BY THE TRAIL COURT UNDER SECTIONS 302/34 OF IPC AS THE PROSECUTION FAILED TO PROVE THEIR CASE
The High Court Of Patna Set aside the Judgement passed by The Trail Court under sections 302/34 of ipc as the prosecution failed to prove their case
TITLE- Rishi Mandal VS The State of Bihar with Subhash Singh VS State Of Bihar
DECIDED ON -16/10/2023
+CR.APPNo.636/2016
CORAM-Honorable Justice Mr.sudhir singh and hon’ble Justice Mr.chandra Prakash Singh
INTRODUCTION
As both the criminal appeals arises out of common Judgement of conviction therefore to be heard together.As The appellant has filed appeals against the common Judgement of conviction on 29/04/2016 and the order of sentence dated on 03/05/2016 passed by lst additional district and sessions judge Bhagalpur in sessions trial convicted under section 302/34 of IPC and have to go for life imprisonment with fine where court after hearing on the basis of the learned councel appearing for the parties were both the appeal is been stand allowed and the trail judgement is been setaside.
FACTS
As per the facts from the prosecution case, FIR has been registered by the informant under section 302,307/34 of IPC for hitting the deceased wife of informant by the Gun Butt thrown in the floor then hitting pago Devi one of the deceased who got hit by handle of handpump by the appellant Rishi mandal then third occurance was place in the roof of the deceased Mahadeo Mahto shot by gun and on the basis of fardbeyan of the informant case was registered under the above section where after the investigation the investigation officer charge sheet under 302/34 of IPC and section 24 of the Arms act.During the trial the prosecution examined altogether ten witnesses whereas defence has not produced any oral or documentary evidence and after the conclusion of the trial the learned trial court convicted and sentenced the appellant in the manner as above.Whereas the learned councels for the appellants submit that the judgement of conviction suffers from several infirmities that were overlooked by the learned trial court.Therefore the impunged Judgement is not sustainable in the eye of the law and prosecution miserably failed to prove both the place and occurance.Material contradictions and discrepancies in the testimonies of prosecution witnesses cast doubt on the prosecutions case.Therefore argued that there is a significant gaps in the prosecution case and the finding of the learned trial court are legally flawed, incorrect in terms of facts,lacking in legal reasoning and devoid of merit,the judgement of conviction fit to be set aside.Whereas The Learned APP for the state that guilt of the appellants has been satisfactorily proved by the evidence adduced during the course of trial and there is no infirmity in the judgement of conviction of the learned trial court.
THE COURT ANALYSIS AND DECISION
As the Court after hearing both the learned councel, appearing for the parties and through examination of materials available on the records following issues arises from the present appeals ,the Hon’ble court find that the legal position and on the basis of the finding arrived at on the issue above the conviction of the appellant in all the appeals is not sustainable in the eyes of law and the prosecution has failed to prove its case beyond all reasonable doubt and bothe the criminal appeals stand allowed and the judgement of conviction and order passed by the 1st additional district and sessions judge Bhagalpur in sessions trial arising out of case are set aside and the appellants are in jail custody are directed to released from custody.
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Written by -Prachee Novo Mukherjee