Patna High Court
Ram Ganesh Yadav @ Ram Ganesh Chaudhari vs The State Of Bihar on 14 December, 2023
Author: Arvind Srivastava
Bench: Arvind Srivastava, Sunil Dutta Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.940 of 2023
Arising Out of PS. Case No.-310 Year-2016 Thana- MIRGANJ District- Gopalganj
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RAM GANESH YADAV @ RAM GANESH CHAUDHARI Son of
Jaleshawar Yadav R/o vill - Kheman Tola, P.S. - Mirganj, Distt. - Gopalganj
... ... Appellant/s
Versus
1. The State of Bihar
2. Balister Yadav Son of Chandreshawar Yadav R/o vill - Kheman tola, P.S. -
Mirganj, distt. - Gopalganj
3. Ravindra Yadav Son of Nageena Yadav R/o vill - Kheman tola, P.S. -
Mirganj, distt. - Gopalganj
4. Sandeep Kumar Yadav Son of Balister Yadav R/o vill - Kheman tola, P.S. -
Mirganj, distt. - Gopalganj
5. Awadhesh Yadav Son of Late Nageshawar Yadav R/o vill - Kheman tola,
P.S. - Mirganj, distt. - Gopalganj
6. Ashok Yadav Son of Late Bhuneshawar Yadav R/o vill - Kheman tola, P.S. -
Mirganj, distt. - Gopalganj
7. Subhawati Devi Wife of Awadhesh Yadav R/o vill - Kheman tola, P.S. -
Mirganj, distt. - Gopalganj
8. Suganti Devi Wife of Balister Yadav R/o vill - Kheman tola, P.S. - Mirganj,
distt. - Gopalganj
9. Saroj Devi Wife of Ravindra Yadav R/o vill - Kheman tola, P.S. - Mirganj,
distt. - Gopalganj
10. Geeta Devi Wife of Munna Yadav R/o vill - Kheman tola, P.S. - Mirganj,
distt. - Gopalganj
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Rajiv Ranjan Kr. Pandey
For the Respondent/s : Mr. Abhimanyu Sharma, APP
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CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA)
Date : 14-12-2023
1. Heard learned counsel for the appellant and
learned Additional Public Prosecutor appearing on behalf of the
Patna High Court CR. APP (DB) No.940 of 2023 dt.14-12-2023
respondents.
2. This appeal has been filed against the judgment
of acquittal dated 03.07.2023 passed by the learned Additional
District and Sessions Judge-IX, Gopalganj in Sessions Trial No.
105 of 2019 arising out of Mirganj P.S. Case No. 310 of 2016,
whereby and whereunder the respondent 2nd set have been
acquitted from the charges under Sections 147, 341/149,
448/149, 323/149, 324/149, 307/149 and 504/149 of the Indian
Penal Code and discharged them from the liabilities of their
respective bail bonds.
3. The prosecution case, in brief, is that the
appellant has given an application before the Police alleging
therein that on 17.10.2016 while constructing boundary upon
his land bearing Khata No. 74, Khesra No. 366, at about 04:00
pm. all the accused persons respondent second set came with
arms and Ravindra Yadav started to abuse and asked to stop
work. On protest, they started assaulting. Balister Yadav
(respondent no. 2) assaulted with farsa on the head of Chandan
Yadav cousin of the informant. When Chita Devi came to save
him, Sandeep Yadav (respondent no. 4) assaulted her with Lathi
and Sroj Devi (respondent no. 9) assaulted with bricks.
Ravindra Yadav also assaulted Abhishekh Yadav and Awadhesh
Patna High Court CR. APP (DB) No.940 of 2023 dt.14-12-2023
Yadav with rod. When the informant ran towards to house to
save himself, all accused persons entered in his house and
looted articles and clothes.
4. Learned counsel for the appellant submits that
the judgment passed by the learned Trial Court is erroneous and
grossly unjust in the facts and circumstances of the case. The
learned Trial Court has failed to appreciate that in course of
investigation, the alleged allegation of abusing and assaulting is
found true by the police. Therefore, learned counsel for the
appellant submits that the judgment of acquittal passed by the
learned Trial Court is fit to be set aside.
5. Leaned Additional Public Prosecutor appearing
on behalf of the State submits that from perusal of the records, it
appears that on 12.04.2019 charge has been framed. Thereafter,
on 18.12.2019 summon was issued for production of the
witnesses and on 23.02.2023 non-bailable warrant was also
issued against them. On 04.03.2023, notice was given to the
prosecution to produce evidence and on 11.04.2023, last
opportunity was given to the prosecution to produce the
witnesses. Thereafter, on 26.04.2023 and 16.05.2023 once again
time was given to produce the witnesses. In spite of giving
several opportunities to the prosecution to produce the
Patna High Court CR. APP (DB) No.940 of 2023 dt.14-12-2023
witnesses, not a single witness has been examined.
6. Considering the facts and circumstances of the
case and the submissions advanced on behalf of the parties, we
do not find any perversity in the impugned judgment passed by
the learned Trial Court. The appeal is, accordingly, dismissed
being devoid of any merit, at the stage of admission itself.
(Arvind Srivastava, J)
( Sunil Dutta Mishra, J)
shailendra/-
AFR/NAFR NAFR
CAV DATE CAV
Uploading Date 20.12.2023
Transmission Date 20.12.2023
