Criminal Appeal (SJ) No.55 OF 1996
(Appeal against the Judgment and Order dated 23.3.1996 passed
by the 9th Additional Sessions Judge, Patna, in Sessions Trial No.
263 of 1992)
------------
1. DHARMA @ DHARAMDEO SAO
2. ARUN SAO
3. HARDEO SAO
4. BALO @ BALI SAO @ BALDEO SAO
ALL SONS OF MUNSHI SAO, RESIDENT OF DANKI IMALI,
P.S. ALAMGANJ, DISTT. PATNA – 7
————-APPELLANT
Versus
THE STATE OF BIHAR ————RESPONDENT
————-
For the Appellants : Mr. Anjani Kumar Saran, Adv.
For the State : Mr. Binod Bihari Singh, A.P.P.
————-
PRESENT
THE HON’BLE JUSTICE SMT. ANJANA PRAKASH
Anjana Prakash, J: The Appellants have been convicted under
Section 324 of the Indian Penal Code and sentenced to rigorous
imprisonment for two years by a Judgment dated 23.3.1996 passed
by the 9th Additional Sessions Judge, Patna, in Sessions Trial No.
263 of 1992.
2. The case of the prosecution according to PW-6
Chandra Bhushan Kumar is that on 14.12.1991 while he was going
to play in a certain Akhara, he saw the accused person variously
assaulting Manoj Kumar on account of which he was severely
injured and moved to the Hospital for treatment. Charge was
initially framed under Section 307 of the Indian Penal Code but the
Appellants were acquitted of the same and convicted as mentioned
above.
2
3. During trial, the prosecution examined six
witnesses out of which PW-6 is the Informant who was declared
hostile along with PW-3 and PW-4. PW-7 is the formal witness who
proved the injury report of the injured. PW-2 is the injured whereas
PW-1 is his father.
4. No doubt, PW-2 has orally corroborated the
fact of his assault by the accused persons but it is difficult to sustain
the conviction of the Appellants only on the oral evidence in the
absence of the corroborative evidence of the Doctor.
5. In the result, the Appeal is allowed. The order
of conviction and sentence passed against the Appellants in
Sessions Trial No. 263 of 1992 by the 9th Additional Sessions
Judge, Patna, is hereby set aside.
6. The Appellants are discharged from the liability
of their bail bonds.
(Anjana Prakash, J.)
Patna High Court, Patna.
Dated, the 20th June, 2011
NAFR/S.ALI
