The State Of Jharkhand Through The ... vs Bihari Lal Khandelwal
2023 Latest Caselaw 1269 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                (Criminal Appellate Jurisdiction)

                    Acquittal Appeal No. 24 of 2006
                                  --------

The State of Jharkhand through the Deputy Commissioner, Chatra
                                                           ..... Appellant
                                  Versus
1. Bihari Lal Khandelwal, s/o Rameshwar Lal Khandelwal, P.S.-Sadar,
Chatra, District- Chatra.
2. Krishna Kumar Khandelwal, s/o Bihari Lal Khandelwal, P.S.-Sadar,
Chatra, District- Chatra.
3. Bhola Shankar Khandelwal, s/o Bihari Lal Khandelwal, P.S.-Sadar,
Chatra, District- Chatra.                              ...... Respondents

                               PRESENT
        HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
             HON'BLE MR. JUSTICE RATNAKER BHENGRA
                               -------
      For the Appellant    : Mr. Saket Kumar, APP
      For the Respondents  : Mr. Binod Kumar Dubey, Advocate
                               -------
                           Oral Judgment
                          22nd March 2023

Per, Shree Chandrashekhar,J.

In Sessions Trial No. 236 of 1991, Bihari Lal Khandelwal, Krishna Kumar Khandelwal and Bhola Shankar Khandelwal were put on trial on the charges framed for the offence under sections 379, 411, 413, 414, 420 and 120-B of the Indian Penal Code.

2. During the trial, the prosecution produced five witnesses out of whom PW4 was projected as an independent witness to prove the aforesaid charges against the accused who are respondent nos.1 to 3 in the present acquittal appeal.

3. The gist of the aforesaid offences for commission of which the charges under sections 379, 411, 413 and 414 of the Indian Penal Code were framed is stolen property. The prosecution to prove that the accused were in possession of katha which was the stolen property has relied on the evidence of PW1 and PW2.

4. PW1 has deposed in the Court that Bihari Lal Khandelwal and Krishna Kumar Khandelwal were contractors under the Forest Department 2 Acquittal Appeal No. 24 of 2006

at Chatra and they had purchased khair coupes. PW2 has also tendered evidence in the Court that on 11th February 1985 Krishna Kumar Khandelwal has produced one certificate issued by the Forest Department vide Rajpur Khair Coupe No.14 Prabhag 2 of the year 1981-82. The accused has produced Permit No.294921 for 8700 goties and other permits for 9100 and 8700 goties of katha issued from the Forest Department.

5. Having examined the materials on record, we do not find any ground to interfere in this matter. In a criminal trial, the charge against the accused must be proved by producing cogent and consistent evidence. This is also a well-accepted proposition in law that the opinion of the trial Court in the matters of acquittal must be accorded precedence except where it is shown to the Court that the judgment of acquittal is perverse.

6. Acquittal Appeal No. 24 of 2006 is dismissed.

7. Let the lower Court records be sent to the Court concerned forthwith.

8. Let a copy of the judgment be transmitted to the Court concerned through 'FAX'.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.) Jharkhand High Court, Ranchi Dated: 22nd March, 2023 R.K.-N.A.F.R