GOVT. APPEAL (DB) No.65 OF 1988 With CR. REVISION NO. 903 OF 1988 ------ Against the judgment and order of acquittal dated 19.07.1988 passed by Sri Someshwar Nath Pathak,Ist Additional Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 25 of 1986. ------ THE STATE OF BIHAR --- APPELLANT Versus 1.ANJU MIAN SON OF RASUL BUX 2.WALI MOHAMMAD @ MADULI SON OF LATE NATHUNI MIA 3.MUHAMAD SAYIM @ SAMIM SON OF MADOLI MIA 4.MOHAMAD QUASIM SON OF HAFIZ MIA 5.RASUL BUX SON OF NATHUNI MIA 6.RUSTAM MIA SON OF RASUL BUX 7.MOHAMMAD KALU SON OF RASUL BUX 8.MOHAMAD ANWAR SON OF RASUL BUX ALL RESIDENTS OF VILLAGE CHAKAZINIZAM, P.S.& P.O.MAHUA,DISTRICT VAISHALI --- RESPONDENTS (IN GOVT.APPEAL (DB) NO.65 OF 1988) ------ MD. ABAS ----------- PETITIONER Versus 1.ANJU MIAN SON OF RASUL BUX 2.WALI MOHAMMAD @ MADULI SON OF LATE NATHUNI MIA 3.MUHAMAD SAYIM @ SAMIM SON OF MADOLI MIA 4.MOHAMAD QUASIM SON OF HAFIZ MIA 5.RASUL BUX SON OF NATHUNI MIA 6.RUSTAM MIA SON OF RASUL BUX 7.MOHAMMAD KALU SON OF RASUL BUX 8.MOHAMAD ANWAR SON OF RASUL BUX ALL RESIDENTS OF VILLAGE CHAKAZINIZAM, P.S.& P.O.MAHUA,DISTRICT VAISHALI --- OPP.PARTIES (IN CR.REVISION NO. 903 OF 1988) ------- For the appellant : Miss Shashi Bala Verma,Addl.P.P. For the respondents: None For the petitioner : None For the opp.parties: None ------ P R E S E N T THE HON'BLE MR.JUSTICE SHYAM KISHORE SHARMA THE HON'BLE MR.JUSTICE DINESH KUMAR SINGH ------ S.K.Sharma & D.K.Singh,JJ. Both the above cases have arisen out of judgment dated 19th July, 1988 passed by Sri Someshwar Nath Pathak, Ist Additional Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 25 of 1986 whereby he has acquitted all the 2 above respondents/opposite parties namely, Anju Mian, Wali Mohammad alias Maduli, Muhamad Sayim @ Shamim, Mohamad Quasim, Rasul Bux, Rustam Mia, Mohammad Kalu and Mohammad Anwar from the charges under Sections 302,149 and 323 of the Indian Penal Code for causing death of Md.Iliyas and injury to Md.Abas. 2. When both the cases were called out for hearing, no one appeared on behalf of the respondents in Govt.Appeal and none had appeared on behalf of both the parties in revision. After hearing learned Additional Public Prosecutor appearing for the appellant and perusing the judgment and other materials on record, we are disposing of both the above cases. 3. Occurrence was of 13.12.1982 and according to allegation, when the informant Md.Abbas was taking betel at the shop of Subhan Mian, his younger brother Iliyas Mian came there. In the meantime, accused Anju Mian reached there and abused the informant and his brother. It was protested by Md.Iliyas which was retaliated by accused Anju Main and he called other accused persons namely, Rasul Bux, Madauli Mian, Hafiz Mian, Rustam Mian, Anwar Mian, Salim 3 and Kalua Mian. All the accused were having lathis in their hands. They all assembled and after forming an unlawful assembly charged at Md.Iliyas who received injuries and fell down. During assault, Idrish Mian, Sahid Mian, Harendra Rai and Kirani Dushadh were present and they witnessed the occurrence. When the informant Md.Abas came for rescue of his brother Md.Iliyas, he was also assaulted by the accused persons. After assault, the accused persons fled away. Thereafter, injured Md.Iliyas was carried to Mahua hospital for treatment but he was referred to Muzaffarpur because his condition was serious. He was treated at Muzaffarpur but died in course of treatment. A case was registered on the basis of fardbeyan of Md.Abas under Sections 147,302 and 323 of the Indian Penal Code. The matter was investigated into and after completion of investigation, chargesheet was submitted. After completing all paraphernalia including supply of police paper to the accused persons, the case was committed to the court of Sessions where charges were framed and explained to the accused persons. They pleaded innocence and preferred to face the 4 trial. 4. In order to prove the case, the prosecution has examined altogether 11 witnesses. They are : P.W.1 Harendra Rai, P.W.2 Chandra Ketu Prasad Singh, P.W.3 Md.Saeid Mian, P.W.4 Md.Idrish, P.W.5 Harinarayan Bhagat, P.W.6 Kirani Paswan, P.W.7 Md. Subhan, P.W.8 Md.Abbas, the informant of the case, P.W.9 Sachidanand Prasad, Investigating Officer, P.W.10 Dr.Manoranjan Prasad Srivastava and P.W.11 Ganesh Prasad Singh, Civil Assistant Surgeon. 5. The trial court after considering the evidences produced by the prosecution found that the evidences of the witnesses were not reliable and so it found the prosecution case to be doubtful. The trial court has given the benefit of doubtful to the accused persons and accordingly acquitted them from the charges. 6. Learned Additional Public Prosecutor appearing on behalf of the appellant (The State of Bihar) has tried to support the prosecution case and it has been argued that without proper discussion, the trial court has acquitted the accused persons from the charges. 7. In the trial, the fardbeyan has not 5 been brought on the record. Only formal F.I.R. has been brought on record. The police who had recorded the fardbeyan has not been produced before the court. The informant had put his L.T.I. on the fardbeyan, so the basis of the case was the fardbeyan which was not brought on the record. The trial court found the case to be doubtful and as such taking into consideration the settled principle of law regarding benefit of doubt it has rightly held the accused persons not guilty of the charges. After perusal of evidence of the witnesses, we find that the informant and other witnesses are not consistent. We find no illegality or irregularity in the judgment impugned. As such, the impugned judgment requires no interference by this Court. 8. In the result, both Govt.Appeal and Cr.Revision are dismissed. Patna High Court, Patna The 16th August,2010 Tahir/-(NAFR) ( Shyam Kishore Sharma, J.) ( Dinesh Kumar Singh,J.)