Devendra Yadav vs State of Bihar and Others

S.N. Pathak, J.—This appeal is directed against the judgment dated 1.6.91 passed by Sri Jag Mohan Pd. Sharma, Judicial Magistrate, 1st Class, Patna city in C.A. No. 108/87, trial No. 281/91.

The complainant of the case is Appellant before this Court. The complainant had filed a complaint petition in the court below alleging therein that on 17.9.87 at 11 a.m. when he was going to sell milk and when he reached near the house is one Ramsagar he was surrounded by the accused-Respondents armed with various weapons and he was subjected to assault whereby he received injuries on various parts of the body. When the complainant''s wife and one Tika Devi came to intervene, they were also subjected to assault. The accused-Respondents, Bilas, took away Rs. 3,000/- from the Docket of the complainant. The complainant went to the police station but no action was taken and hence the complaint was filed in the court.

The accused-Respondents took up the defence of false implication and denied the charge under Sections 379, 323 and 341 IPC under which they were charged to face trial.

The complainant-Appellant had examined 4 witnesses. However, two witnesses namely, Tileshwari Devi (P.W. 1) and Bishun Yadav (P.W. 2) were not produced for cross-examination after charge. Hence their evidence was not worthy of reliance. P.W. 3 was the complainant himself and P.W. 4 was the doctor. In the complaint petition one Dr. R.P. Verma was named, but another doctor was examined and original injury report was not produced in court and hence the trial court disbelieved the evidence of P.W. 4. Injury report (exhibit 1) which was brought on record has signature of P.W. 4 in lead pen and the injury report was in the carbon copy. So the injury report was also disbelieved by the trial court. The complainant supported his case but since his testimony was not corroborated by any witness, specially by the medical evidence, the trial court did not rely upon his evidence. The trial court finally acquitted the Respondents in view of insufficient evidence on record.

The fact and circumstances which I have stated above which caused the I judgment of acquittal being recorded by the trial court do not indicate that the trial court was in legal error in rendering the impugned judgment. I am, therefore, of the opinion that the findings which resulted into the judgment of acquittal do not appear to be suffering from any illegality u/s 386 Code of Criminal Procedure, in case of appeal against acquittal, when the appeal lant''s lawyer does not appear, the court is not under any obligation to hear him by way of necessity. State lawyer was heard

In the result, this appeal is dismissed.