Cr. Revision No. 301 of 2013. Case: Ram Shankar Singh @ Shankar Singh & Ors. Vs The State of Bihar & Anr.. High Court of Patna (India)
| Case Number | Cr. Revision No. 301 of 2013 |
| Counsel | For Appellant: Akhilesh Pd. Singh, Abhishek Anand and Mrs. Anita Kri. Singh, Advs. and For Respondents: Y.C. Verma, Saroj Sandilya for the O.P. No. 2 and Mr. Zainul Abedin for State |
| Judges | Aditya Kumar Trivedi, J. |
| Issue | Code of Criminal Procedure, 1973 (CrPC) - Sections 372, 378; Indian Penal Code (45 of 1860) (IPC) - Sections 144, 147, 379, 447, 504 |
| Citation | 2014 (1) PLJR 68 |
| Judgement Date | September 13, 2013 |
| Court | High Court of Patna (India) |
Order:
Aditya Kumar Trivedi, J.
1. Petitioners have challenged judgment dated 15.1.2013 passed by 3rd Additional Sessions Judge, Begusarai in Cr. Appeal No. 56/2011 whereby and whereunder the judgment of acquittal dated 28.4.2011 passed by Sri Sharad Chandra Kumar, Judicial Magistrate, 1st Class, Begusarai in G.R. No. 999 of 1997 has been reversed by holding the petitioners guilty for an offence punishable under Sections 144, 447, 379, 504 of the IPC and directed each of them to undergo S.I. for one month, S.I. for one month, S.I. for three months, S.I. for one month under each head respectively. Swaraj Shandilya (since deceased) filed a written report on 4.5.1997 putting an allegation that on the same day at about 9:00 a.m. on getting information, he rushed to the P.O. field and found Bhushan Singh, Shankar Singh, Satish Singh alongwith five other unknown persons engaged in harvesting wheat crop. On his protest, Satish Singh and Bhushan Singh on the point of pistol threatened him. Devendra Singh, Jai Narayan Singh, Yogesh Pd. Singh, Ramesh Singh and Harshwardhan Singh came on his alarm and intervened into the matter. It has further been disclosed that on 3.5.1997 accused, Bhushan Singh had begun to harvest the wheat crop from the P.O. land bearing Khesra No. 429 but could not succeed on account of his protest. It has further been submitted that out of total area of 10 Katthas 5 Dhurs, he got share and possession over half portion thereof appertaining to 5 Katthas 21/2 Dhurs.
2. Bhagwanpur P.S. Case No. 59/1997 was registered on the basis of the aforesaid written report under Sections 144, 147, 379, 504 of the IPC whereunder charge-sheet was also submitted. The trial commenced and concluded by acquitting the petitioners which has been challenged by the father of the informant under Cr. Appeal before the learned Sessions Judge wherein the judgment of acquittal delivered by the learned trial court was set aside alongwith finding of guilt and sentence hence this revision.
3. While assailing the judgment passed by the learned appellate court, it has been submitted on behalf of petitioners that learned appellate court, virtually, overlooked the settled principle of law that once there is judgment of acquittal, then in that event, its reversion should not be allowed unless and until the trial court had committed blunder mistakes in appreciating the evidence as well as overlooked the material available on the record. It has also been submitted...
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