Case Facts:
Patna High Court CR. APP (DB) No.771 of 2012 (2) dt.01-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.771 of 2012 ====================================================== 1. Dropati Devi S/O Late Ashok Kumar Mishra R/O Village - Mishravalia, P.S. Jalalpur, District - Saran .... .... Appellant/s Versus 1. The State Of Bihar 2. Ashwani Kumar @ Suman Mishra S/O Yogendra Nath Mishra R/O Village - Mishravalia, P.S. Jalalpur, District - Saran 3. Yogendra Nath Mishra S/O Late Hari Prasad Mishra R/O Village - Mishravalia, P.S. Jalalpur, District - Saran .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Kanhaiya Pd.,Singh, Sr.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) ----------- 2 01-08-2012 Heard learned Senior counsel for the appellant. The appellant has challenged the judgment dated 25.04.2012 passed by Sri Ashwani Kumar Srivastava, Additional Sessions Judge, Fast Track Court No. I, Saran at Chapra in Sessions Trial No. 298 of 2004 arising out of Jalalpur P.S.Case No. 280 of 2001/G.R. No. 2296 of 2001 whereby the accused persons namely, respondent nos. 2 and 3, were found not guilty and they were acquitted of the charge under [STATUTE] . The date of occurrence is 29.06.2001 and the matter was reported to police on 17.07.2001. The trial court has analysed Patna High Court CR. APP (DB) No.771 of 2012 (2) dt.01-08-2012 the evidences and the circumstances which have been brought on record and after applying its mind came to the conclusion that the delay in reporting the matter was not explained at all. Other contradictions in the evidences have also been noted. The trial court has given reasonings for passing judgment of acquittal. The reasonings are neither perverse nor illegal. So the judgment requires no interference by this Court. The appeal is without merit and is dismissed. Tahir/- (Shyam Kishore Sharma, J) (Amaresh Kumar Lal, J)

Applicable IPC Section: 304

Statute Text:
Section 304 of the Indian Penal Code. Culpable homicide not amounting to murder, If act by which the death is caused is done with intention of causing death, etc. Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.