Patna High Court
Hira Devi vs The State Of Bihar on 1 August, 2024
Author: Ashutosh Kumar
Bench: Ashutosh Kumar, Jitendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1197 of 2023
Arising Out of PS. Case No.-8 Year-2021 Thana- BHARGAMA District- Araria
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Hira Devi, Wife of Late Jai Kumar Shah, Resident of Village- Naya
Bhargama, Police Station- Bhargama, District- Araria
... ... Appellant/s
Versus
1. The State of Bihar
2. Sanjay Kumar @ Sanjay Kumar Sah, Son of Late Laxmi Sah, Resident of
Village- Hingwapatti, Police Station- Bhargama, District- Araria
3. Bijay Kumar Sah @ Bijay Sah, Son of Late Laxmi Sah, Resident of Village-
Hingwapatti, Police Station- Bhargama, District- Araria
4. Ganita Devi @ Moti Devi, Wife of Jai Prakash Sah, Resident of Village-
Naya Bhargama, Police Station- Bhargama, District- Araria
... ... Respondent/s
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Appearance :
For the Appellant/s : Dr. Manoj Kumar, Advocate
For the State : Mr. Bipin Kumar, APP
For the Respondent/s : Mr. Alok Kumar Choudhary, Advocate
Mr. Shiv Pujan Sahay, Advocate
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Date : 01-08-2024
We have heard Dr. Manoj Kumar, the learned
Advocate for the appellant/informant and Mr. Alok
Kumar Choudhary, the learned Advocate for
respondents No. 2, 3 and 4.
2. The respondents have been acquitted vide
judgment dated 19.09.2023 passed by the learned
Patna High Court CR. APP (DB) No.1197 of 2023 dt.01-08-2024
District and Sessions Judge, Araria in Sessions Case No.
100 of 2022.
3. The appellant/ informant, who is the wife of
the deceased, has alleged that because of the dispute
over using the boring pump for watering the field, her
husband was assaulted by Jai Prakash Sah and Akshay
Sah. Later, the respondents No. 2, 3 and 4 also arrived
at the scene and respondents 2 and 3 resorted to firing,
one of which shots hit the deceased in his leg whereas
the other shot fired by one the respondents did not hit
him.
4. The postmortem examination conducted by
PW-7 reflected eight injuries on the person of the
deceased, viz.,
(i) Blood clots and mud stains over whole face;
(ii) Blood clots in the right ear;
(iii) Bruise and swelling over the right side face;
(iv) Sharp cut incised wounds over lef
mandibular area, below lower lips and lef side of the
Patna High Court CR. APP (DB) No.1197 of 2023 dt.01-08-2024
forehead;
(v) Clean lacerated wound below the lef ear;
(vi) A lacerated wound causing fracture of
occipital region;
(vii) Incised wound which was bone deep on the
upper part of the right leg and
(viii) Blackening of skin over the lef chest
(underline muscles hematoma)
5. The occipital bone was found to be fractured
with lacerated brain matter.
6. In the opinion of PW-7, the death was
because of traumatic brain injuries leading to
haemorrhage and shock as a result of those injuries.
7. The deceased and convict/ Jai Prakash are
own brothers who fought over watering of field. The
deceased had spent money on fixing the boring pump
which was unauthorisedly being used by convict/ Jai
Prakash Sah. This had led to the fight in which Jai
Prakash assaulted the deceased by the back portion of
Patna High Court CR. APP (DB) No.1197 of 2023 dt.01-08-2024
spade. Convict/ Akshay is also said to have assaulted the
deceased repeatedly.
8. The injuries suffered by the deceased
corroborate the ocular testimony of the appellant/
informant (PW-6).
9. However, the Trial Court, on perusal of the
entire evidence on record, found that the accusation
against respondents No. 2 and 3 was totally non-existent
as no gun shot wound was found on the person of the
deceased. Though respondent No. 4 is also said to have
assaulted by means of lathi, but there is a great variance
in the deposition of the witnesses with respect to her
participation in the assault.
10. The respondents did not have any dispute
with the deceased or the informant. It appears from the
records that they had come to the place of occurrence in
support of the accused persons, viz., Jai Prakash and
Akshay.
11. The Trial Court, therefore, has rightly
Patna High Court CR. APP (DB) No.1197 of 2023 dt.01-08-2024
acquitted the respondents, holding that evidence against
them is not sufficient to record any conviction against
them.
12. There is no merit in this appeal.
13. The appeal is dismissed.
(Ashutosh Kumar, J)
(Jitendra Kumar, J)
Rajesh/Saurav
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 01.08.2024
Transmission Date 01.08.2024
