IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (SJ) No.215 of 2011
RAMUCHIT JHA
Versus
THE STATE OF BIHAR
-----------
2. 01.03.2011. After having heard the learned
counsel appearing for the appellant who is
the informant of the case and having
considered the discussion of evidence
specially that of doctor in paragraph13 what
appears is that there are two assailants of
the injured one, namely, Sant Kumar Jha is
said to have dealt a Khanti blow on his head,
likewise, and simultanelusly the other
accused Sunil Kumar Jha is also alleged to
have dealt a lathi blow on the same part of
the body of the informant. However, there was
a solitary wound caused by hard and blunt
substance which was simple in nature. Even
accepting the evidence, mere fact that the
head was part of the body which was hit could
never be sufficient to upset the order of
acquittal of the respondents under Section
307 of the Penal Code. Merely some of the
accused persons, i.e., some of the
respondents have been convicted for offence
under Sections 323 and 325 IPC may not inject
2
merit in the present appeal of acquittal.
They are questioning their own convictions
and sentences passed upon them. The view
which was taken by the learned trial Judge as
regards the failure of the charges under
Section 307/34 of the IPC appears a
reasonable view and in that view of the
matter, this appeal is dismissed as of no
merit.
B.Kr. (Dharnidhar Jha,J.)