IN THE HIGH COURT OF JUDICATURE AT PATNA
CR APPL (DB) No 709 of 2011
Harinath Singh
Versus
The State Of Bihar & Ors
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2 02.08.2011 This is an appeal against acquittal by the informant.
Having heard Shri Chandra Shekhar Prasad Singh, learned
Senior Counsel in support of the appeal and having perused the records,
we are fully satisfied that the judgment of acquittal requires no
interference. The learned trial Court has copiously noted the previous
enmity and long series of litigations between the parties. He has noted
that the present incident started with alleged theft of banana. He has
rightly held that the injuries alleged on the prosecution side have not been
duly proved. He has thoroughly examined all evidences including noting
that there was injury on accused persons for which prosecution could give
no explanation. The trial Court has also noted that there was a counter
case as between the parties which has also ended in acquittal. The charge
was under Sections 379 and 307/149 of Indian Penal Code. Once, when
the specific story of injury having been caused, does not stand established,
we find it difficult to hold that the trial Court erred in not convicting the
opposite parties under Section 307 much less read with Section 149 of
Indian Penal Code thereof. The charge of theft does not even stand on the
allegations, as made.
We, therefore, find no reason to interfere. This appeal is,
accordingly, dismissed.
M.E.H./ (Navaniti Prasad Singh)
(Ashwani Kumar Singh)