IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (DB) No.560 of 2010
Bibhuti Rai ... ... Appellant
Versus
1. Chhotu Rai @ Chhoti Rai
2. Yugal Rai
3. Karu Rai
4. Bijali Devi
5. The State of Jharkhand ... .... ..... ... Respondents
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CORAM: HON'BLE MR. JUSTICE SUSHIL HARKAULI
HON'BLE MR. JUSTICE R.R. PRASAD
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For the Appellant: Mr. Mohan Kumar Dubey, Advocate
For the Respondents: M/s Shekhar Sinha, A.P.P.
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07/10.02.2011
We have heard learned counsel for the appellant in this appeal against the
acquittal. The deceased is said to have been assaulted with sharp edged weapon at about
6.00 p.m. on 07.01.2007 while returning from the market. The incident has taken place on
the way. At 6.00 p.m., normally in the month of early January, the darkness sets in.
The F.I.R. has been lodged next day at 10.00 a.m., but that delay may not be
very material, because according to the prosecution case the deceased was taken to the
hospital in an injured condition where he died during treatment. This would indicate that the
witnesses had reached the place of incident shortly after the assault so as to be able to
pick the deceased in an injured condition and to carry him to the hospital where also he
reached in an injured condition.
However, only two eye witnesses are alleged, they are, PW-9, the wife of the
deceased who has turned hostile at the trial and PW-7 is the 11 year old daughter of the
deceased. PW-7 is not recorded as an eye witnesses in the F.I.R. More importantly, in the
testimony before the Court she has stated in response to a question in the cross-
examination that when she reached the place of occurrence she saw her father lying in an
unconscious state with injuries. These two facts have persuaded the trial Court to come to
a conclusion that this PW-7 was not an eye witness to the incident.
So far as PW-9 the wife of the deceased is concerned, apart from turning
hostile at the trial, we also find that according to the F.I.R. she claims to have been injured,
while trying to protect her husband, with a lathi injury but there is no record of her injury.
In the facts and circumstances of the case, if the accused have been
acquitted it would not be a proper case to interfere with the judgment. Accordingly, this
appeal is dismissed.
(Sushil Harkauli, J.)
(R.R. Prasad, J.)
NKC