High Court Patna High Court - Orders

Mohan Lal Chauhan vs The State Of Bihar & Ors. on 14 July, 2011

Patna High Court – Orders
Mohan Lal Chauhan vs The State Of Bihar & Ors. on 14 July, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CR APPL (DB) No 643 of 2011
                  Mohan Lal Chauhan, son of late Chandrika Chauhan, resident of
                  Village - Nonia Tola, English, P S - Mairwa, District - Siwan -Appellant
                                            Versus
              1    The State Of Bihar
              2    Jaglal Chauhan, son of Rambilash Chauhan
              3    Jageshwar Chauhan, son of Rambilash Chauhan
              4    Indra Lal Chauhan, son of Vishun Chauhan
              5    Singasan Chauhan, son of Vishun Chauhan
              6    Bhagrasan Chauhan, son of late Vishun Chauhan
              7    Pavan Chauhan, son of Deoraman Chauhan
              8    Satyendra Chauhan, son of Bhagrasan Chauhan
              9    Kapildeo Chauhan, son of late Jagarnath Chouhan, residents of village -
                   English, Nonia Tola, P S - Mairwa, District - Siwan          -Respondents
                                           -----------

2 14.07.2011 This is an appeal by the victim in terms of Section 372 of

Criminal Procedure Code against order of acquittal.

We have heard the learned counsel at length and perused the

judgment under appeal. The trial Court has examined the evidence and

appreciated the same in a proper manner. The trial Court has given a

finding which the learned lawyer could not rebut even in this appeal that

the allegation with regard to injuries caused is not substantiated with the

medical evidence and also not corroborated by the evidence of the doctor.

That itself creates doubt on the whole prosecution story. The dispute

arises out of a very minor issue.

We fully agree with the findings and the decision of the trial

Court and find no reason to interfere. This appeal is, accordingly,

dismissed.

    M.E.H./                                     (Navaniti Prasad Singh)


                                                (Ashwani Kumar Singh)