Case Facts:
Patna High Court CR. APP (DB) No.1123 of 2012 (3) dt.14-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.1123 of 2012 ====================================================== 1. Ramjee Sharma S/O Shri Bindeshwari Prasad Sharma R/O Village - Goralia, P.S. Naubatpur, District – Patna .... .... Appellant/s Versus 1. The State Of Bihar 2. Raj Kumar Sharma S/O Lalu Singh 3. Sudarshan Sharma S/O Late H. Narayan Sharma 4. Rajnath Sharma S/O Late Rukut Sharma 5. Chandra Bhushan Sharma S/O Raja Sharma 6. Rakesh Sharma @ Pappu S/O Late Ramnath Sharma 7. Mahesh Sharma S/O Late Loknath Sharma 8. Anil Sharma S/O Suvansh Sharma 9. Bijoy Sharma S/O Rambali Sharma All are residents of Village - Goralia, P.S. Naubatpur, District - Patna .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Pramod Kumar, Advocate For the Respondent/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) ----------------- 3 14-12-2012 This appeal has been filed by the informant against the judgment dated 29.06.2012 passed by Sri Satya Prakash, Additional Sessions Judge VI, Danapur in Sessions Trial No. 857 of 1992/Tr.No. 320 of 2011 whereby the accused persons (respondent nos. 2 to 9) have been acquitted of the charges under [STATUTE] . Naubatpur P.S.Case No.87 of 1992 was registered on 08.06.1992 under Sections 307,149 and 148 of the Indian Penal code and after investigation, chargesheet was submitted and after commitment, trial proceeded which ended in acquittal, as stated Patna High Court CR. APP (DB) No.1123 of 2012 (3) dt.14-12-2012 above. The informant Ramjee Sharma was examined as P.W.3. Other witnesses were also examined. The defence has also examined one witness. The trial court after analyzing the evidences found the prosecution case not upto the mark which could weigh the conviction. The impugned judgment has been challenged and it has been submitted that no step was taken for examination of the official witnesses and for laches on the part of the prosecution, the accused persons were acquitted. The prosecution case was that the injury was caused in the manner as alleged. It was onus upon the prosecution to prove that the injury was caused as alleged and by no other means. For proving the charge, the evidence of the doctor was essential but that was not done even after continuation of 20 years of case. The trial court had no option but to acquit the accused persons. In our view, the judgment under appeal is neither perverse nor illegal which could warrant interference by this Court. The appeal is without merit and is dismissed. Tahir/- (Shyam Kishore Sharma, J) (Amaresh Kumar Lal, J)

Applicable IPC Section: 149

Statute Text:
Section 149 of the Indian Penal Code. If an offence be committed by any member of an unlawful assembly, every other member of such assembly shall be guilty of the offence. If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.