Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.1103 of 2012 ====================================================== Raghunandan Singh, Son of Late Dashrath Pd. Singh, Resident of Village – Tardih, Police Station – Amarpur, District – Banka. .... .... Appellant Versus The State of Bihar & Ors .... .... Respondents ====================================================== Appearance : For the Appellant : Mr. Ajay Mukherjee, Advocate. For the Respondent : 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 22-11-2012 Heard learned Counsel on behalf of the appellant and learned Counsel for the State. The appeal on behalf of Raghunandan Singh is against the judgment dated 3rd September, 2012 passed by the learned 1st Additional Sessions Judge, Banka in Criminal Appeal No. 93 of 2011 arising out of G.R. Case No. 1065 of 2006 (Sessions Case No. 314 of 2007), whereby the conviction and sentence awarded to Sanjay Kumar Singh under [STATUTE] and Arvind Kumar Singh under [STATUTE] were set aside and both were acquitted under [STATUTE] and under [STATUTE] against Sanjay Kumar Singh was confirmed. The conviction of Arvind Kumar Singh under [STATUTE] was modified to simple Patna High Court CR. APP (DB) No.1103 of 2012 (2) dt.22-11-2012 2 imprisonment for nine months. The appeal was partly allowed. Learned Counsel for the appellant has assailed the judgment and it has been submitted that the appellate court should have accepted the judgment of the trial court in toto and interference by the appellate court was beyond evidence. Further submission is that the appellate court has not considered properly the scope of offence under [STATUTE] in the impugned judgment. A written report of the informant led to registration of Amarpur P.S. Case No. 139 of 2006 against the accused persons under [STATUTE] and enquiry resulted into submission of charge sheet which ultimately led to trial. Before the trial court witnesses were examined and the trial court after considering the evidence held the accused persons guilty. On being challenged the appellate court re-appreciated the evidence in detail and though it disbelieved some of the evidence of the prosecution but it distinguish the case and opined that no evidence under [STATUTE] was made. The conviction and sentence under [STATUTE] was against Sanjay Kumar Singh was confirmed. The appellate court has discussed threadbare the evidence which has come on the record and it has rightly Patna High Court CR. APP (DB) No.1103 of 2012 (2) dt.22-11-2012 3 interfered with the judgment of the trial court. The appellate court is not required to accept the case of the prosecution rather it is required to re-appreciate the evidence threadbare. The appellate court has accordingly discharged the duties and has found various lacunas which enabled the appellate court to find the case at best against Sanjay Kumar Singh under [STATUTE] . The appellate court has given good reasons in the judgment for arriving at its conclusion. The reason given is sound and does not require any interference. In the result, this appeal is without merit and it is accordingly dismissed. KKSINHA/- (Shyam Kishore Sharma, J.) (Amaresh Kumar Lal, J.)

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.