Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1373 of 2009 ====================================================== Rashid Sai son of late Ramatullah Sai, resident of village- Bioabuam P.S. Ishuapur, District- Chapra. .... .... Petitioner/s Versus 1. The State of Bihar 2. Pappu @ Nanhe Imam Siddique, son of Imamuddin Mian 3. Sajma Khatoon, daughter of Imamuddin Mian 4. Noor Nisa Khatton, wife of Imamuddin Mian All residents of village- Nopania, P.S. Ishuapur, District- Chapara. .... .... Opp. Party/s ====================================================== Appearance : For the Petitioner/s : Mr. M. Dayal, with Mr. Sanjeev Ranjan Gupta, Advocates. For the Opp. Party/s : Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 4 07-12-2012 Heard. The petitioner, the informant of the criminal case, being aggrieved by the judgment and order dated 17th June 2009 passed in Cr. Appeal No. 120 of 2008 by the learned Sessions Judge, Saran at Chapra allowing the aforesaid appeal, preferred by the accused opposite party no. 2 to 4 and acquitting them of all the charges under [STATUTE] , has preferred the present revision application under Sections 397 and 401 of the Code of Criminal Procedure, 1973, questioning the validity and correctness of the impugned judgment of acquittal recorded by the learned lower appellate court. The petitioner lodged a criminal case with respect to an occurrence alleged to have taken place on 17.08.2005 at about 5.30 A.M. in the morning. The opposite party no. 2 to 4 were put on trial with respect to the accusation made by the petitioner in the aforesaid criminal case. Charges under [STATUTE] were framed against the Patna High Court CR. REV. No.1373 of 2009 (4) dt.07-12-201 2/4 accused opposite party no. 2 to 4. In support of the prosecution case altogether six witnesses were examined, out of them P.W. 1 is the informant himself. P.Ws. 2, 3 and 4 are his wife, son and mother respectively and P.W. 6 is the doctor. P.W. 5 is the I.O. of the case. On conclusion of trial by judgment and order dated 21.08.2008 passed in G.R. Case No. 2421 of 2005/ Trial No. 2548 of 2008 by the learned Judicial Magistrate, 1st Class, Chapra, Saran, accused opposite parties were acquitted of the charge under [STATUTE] . However, they were convicted for charges under [STATUTE] and, accordingly, they were sentenced to undergo simple imprisonment for one month under [STATUTE] , simple imprisonment for one month under [STATUTE] , rigorous imprisonment for one year under [STATUTE] . and rigorous imprisonment for six months under [STATUTE] . However, all the sentence were directed to run concurrently. The opposite party no. 2 to 4 being aggrieved by the aforesaid judgment, preferred Cr. Appeal No. 120 of 2008, which has been allowed by the impugned judgment of acquittal dated 17th June 2009 passed by the learned Sessions Judge, Saran at Chapra. Hence, the present revision application at the behest of the informant. Learned counsel for the petitioner submits that the learned lower appellate court has not appreciated the evidence of the witnesses correctly. According to him, if the evidence of prosecution witnesses would have been properly appreciated by the learned lower appellate court, then there was no occasion for interference in the judgment of conviction recorded by the learned trial court. It is contended that though all the four material Patna High Court CR. REV. No.1373 of 2009 (4) dt.07-12-201 3/4 witnesses were the family members of the informant, but they all have supported the prosecution case and the P.W. 6, the doctor has also found injury on the person of the victim. Therefore, according to him, the impugned judgment passed by the learned lower appellate court is not sustainable in the eye of law and the matter is required to be remitted back for fresh decision. Learned Additional Public Prosecutor appearing on behalf of the State has opposed the prayer and supported the impugned judgment of acquittal recorded by the learned lower appellate court. After having heard the parties and on examination of the materials available on record, this Court finds that the learned lower appellate court has meticulously scrutinized the evidence available on record and thereafter it has come to a finding that the evidence of P.Ws. 1 and 2 are contradictory to the evidence of P.Ws. 3 and 4. According to the findings of the learned lower appellate court, manner of occurrence as also the place of occurrence have not been conclusively proved by the prosecution party, and, therefore, accused persons are entitled to have the benefits of doubts. The learned lower appellate court has also come to a finding that the injury report prepared by P.W. 6 did not support the time of occurrence as disclosed by the prosecution. By taking into consideration the aforesaid circumstances, and by extending the benefits of doubts to the accused persons, the learned lower appellate court has reversed the judgment of conviction and order of sentence passed by the learned trial court and has allowed the appeal filed on behalf of the accused opposite party no. 2 to 4 and, thereafter, has recorded the impugned judgment of acquittal. Patna High Court CR. REV. No.1373 of 2009 (4) dt.07-12-201 4/4 It is well established principles of law that the appeal is a continuation of trial. The learned lower appellate court was fully justified and well within its jurisdiction to reappraise the evidence of the prosecution witnesses for coming to a different conclusion than that of the learned trial court. This Court does not find any legal infirmity or procedural irregularity or jurisdictional error committed by t

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.