Case Facts:
Patna High Court CR. APP (DB) No.290 of 2012 (3) dt.23-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.290 of 2012 ====================================================== Ali Imam .... .... Appellant/s Versus Sri Ram Yadav & Ors. .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Binay Kant Mani Tripathi and Mr.Ajay Kumar Mishra. For the Respondent/s : Mr. Ajay Mishra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH and HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) 3 23-03-2012 This appeal is under Section 372 of the Code of Criminal Procedure against the order of acquittal in relation to charge under [STATUTE] . It may be noted that one of the co accused has been convicted under [STATUTE] and the rests have been acquitted. The appeal is late by over four months. However, in the facts and circumstances of the case, the delay in filing the appeal is condoned. We have heard learned counsel for the appellant and perused the judgment, under appeal. In our view, the judgment does not require any interference. Patna High Court CR. APP (DB) No.290 of 2012 (3) dt.23-03-2012 The prosecution case is that the deceased was dragged and then mercilessly beaten by about 19 persons with Lathi, Bhala and Garasa . He was grievously injured and he died in the hospital on the next day. It has been specifically stated that one Sharma Yadav hit the deceased on the head. The trial court, upon consideration of the medical report i.e. post mortem report, has taken a decision to acquit the rests. We cannot say that that the decision is either illegal or perverse inasmuch as the post mortem report reveals a singular injury on the head contrary to what is alleged of indiscriminate assault by 19 persons with Lathi, Bhala and Garasa. Thus patently the allegation was false. Coming to Sharma Yadav, again post mortem report shows only single injury, which later proved fatal. The Court has clearly said that as per allegation he assaulted only one blow. Intention to kill cannot be inferred from such facts. There are two alleged injured persons but injuries have not been proved. This belies the entire prosecution. In that view of the matte, we see no reason to interfere with the judgment, under appeal. The appeal is accordingly dismissed. singh/- (Navaniti Prasad Singh, J) (Ashwani Kumar Singh, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.