STATE OF BIHAR Vs. DIWAKAR JHA

JUDGEMENT

(1.) The Govt. Appeal as well as Cr. Revision application has been filed against the acquittal of the respondents of the charges under sections 147, 148 and 304 Indian Penal Code

(2.) On going through the judgment of acquittal, I find that the Trial Court acquitted the respondents on the ground that P.W. 1, 4 and 5 have materially contradicted each other. In fact from the evidence of P.W.4 I find it is clear that he conceded that he had not disclosed the name of any of the respondents before the Investigating Officer. Moreover, the evidence of P.W.4 also does not inspire confidence so far as the participation of the respondents is concerned since he himself conceded that as soon as he was scolded he left the place of occurrence and, therefore, the Court is left with the evidence of P.W.5, the sole eye witness, who was not named by the other two witnesses. His conduct at the time of occurrence also belies his presence. The enmity between the parties is not disputed and the defence had also brought defence witness to bring this fact to light. The doctor (P.W.2), who held post mortem examination, has merely stated about the presence of bruises on the person of the deceased and opined that death was on account of the bruises sustained by the deceased. However, he has neither given the depth nor the size of the injuries found on the person of the deceased and, therefore, his opinion that the death had occurred on account of such injury appears to be a mere speculation.

(3.) In view of the well reasoned judgment of the Trial Court and the appreciation of evidence, I am not inclined to interfere with the acquittal of the respondents.