Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.797 of 2012 ====================================================== Jang Bahadur Chauhan S/O Shri Dhanraj Chauhan R/O Village - Karbandia, P.S. Chainpur, District - Kaimur At Bhabhua .... .... Appellant/s Versus 1. The State Of Bihar 2. Radha Sah S/O Late Tapeshwar Sah R/O Village - Karbandia, P.S. Chainpur, District - Kaimur At Bhabhua 3. Basisth Sah S/O Late Tapeshwar Sah R/O Village - Karbandia, P.S. Chainpur, District - Kaimur At Bhabhua 4. Laxuman Sah S/O Late Tapeshwar Sah R/O Village - Karbandia, P.S. Chainpur, District - Kaimur At Bhabhua 5. Jai Prakash Sah S/O Radha Sah R/O Village - Karbandia, P.S. Chainpur, District - Kaimur At Bhabhua 6. Rakesh Sah S/O Laxuman Sah R/O Village - Karbandia, P.S. Chainpur, District - Kaimur At Bhabhua 7. Sunil Sah S/O Basisth Sah R/O Village - Karbandia, P.S. Chainpur, District - Kaimur At Bhabhua 8. Lalu Sah S/O Basisth Sah R/O Village - Karbandia, P.S. Chainpur, District - Kaimur At Bhabhua 9. Pyare Sah S/O Sobha Sah R/O Village - Karbandia, P.S. Chainpur, District - Kaimur At Bhabhua .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Anjani Kumar Sinha No. 1, Adv. For the Respondent/s : Mr. Dilip Kumar Sinha, 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 13-08-2012 This appeal has been preferred against the judgment of acquittal dated 4.6.2012 passed by the learned Adhoc Additional Sessions Judge-1, Kaimur at Bhabhua in Sessions Trial No. 263 of 2011/ 49 of 2011 whereby the accused persons, namely, opposite party nos. 2 to 9 were acquitted from the charge under [STATUTE] . Patna High Court CR. APP (DB) No.797 of 2012 (2) dt.13-08-2012 2 Chainpur P. S. Case No. 51 of 2010 has been registered on the basis of written report of P. W. 6 Jai Bahadur Chauhan on 17.4.2010 wherein it has been alleged that accused persons formed unlawful assembly and Radha Sah, Basisth Sah and Jai Prakash Sah started making wall over Survey Plot No. 81 belonging to State of Bihar recorded as Anabad Bihar Sarkar which was resisted by the informant then the accused persons badly assaulted him. Submission of learned counsel for the appellant is that though before the trial court the adequate evidence was led which were sufficient to link the accused persons with the offence but the trial court has not considered the evidence in right perspective and has acquitted the accused persons. Further submission is that the trial court has granted benefit of doubt to the accused persons to which they were not entitled. We have heard the submission and perused the reasoning given for acquittal. It appears from the evidence of Investigating Officer that place of occurrence was land of one of the accused about which it has been averred that it has been wrongly acquired by the accused persons. Order of acquittal can only be interfered with if Patna High Court CR. APP (DB) No.797 of 2012 (2) dt.13-08-2012 3 the order is either perverse or patently illegal. If the judgment of acquittal is neither perverse nor illegal, the same could not be interfered with. Considering this, we find that the order of acquittal does not require any interference by this Court as it is neither illegal nor perverse. In the result, this appeal being without merit, is dismissed. Kanchan/- (Shyam Kishore Sharma, J) (Amaresh Kumar Lal, J)

Applicable IPC Section: 504

Statute Text:
Section 504 of the Indian Penal Code. Insult intended to provoke breach of the peace. Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.