MOTILAL SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) . Petitioner Motilal Sah, has challenged the judgment dated 19.07.2001 passed by Sri Krishna Kumar Dwivedi, Judicial Magistrate, Sadar, East Champaran at Motihari in Complaint Case No. 1295 of 1999 (Sadhu Sharan Bhagat Vs. Motilal Sah & Ors.) whereby and whereunder he along with others were found guilty for an offence punishable under Section 147, 323 of the Indian Penal Code while Prabhu Sah was found guilty for an offence punishable under Section under Section 148/324 of the Indian Penal Code and petitioner Motilal Sah was further found guilty for an offence punishable under Section under Section 325 of the Indian Penal Code whereupon petitioner Motilal Sah was directed to undergo R.I. for three months under Section 147 of the Indian Penal Code as well as under Section 323 of the Indian Penal Code respectively while R.I. for two years under Section 325 of the Indian Penal Code with a further direction to run the sentences concurrently against which Cr. Appeal No.91 of 2001 / 10 of 2003 was filed which too was dismissed vide judgment dated 28.02.2003 passed by VIth Additional Sessions Judge, East Champaran at Motihari with a modification in sentence with regard to Section 325 of the IPC reducing it to R.I. for ten months.

(2.) IT has been submitted on behalf of petitioner that the successive judgments are wrong and erroneous and is mere swage over the evidence available on the record. It has further been submitted that there happens to be inordinate delay in filing of complaint petition. The date of occurrence has been alleged as 01.10.1994 at 06:30 A.M. while the date of filing of complaint happens to be 30.11.1994 and whatever explanation happens to be, that is not appreciable in the background of evidence of Kamod Prasad, the Officer -in -charge of Turkaulia Police Station who has been examined as CW -1. In the present context, it has been submitted that from the evidence of CW -1, Kamod Prasad as well as Dr. Dhruv Prasad Gupta (PW -4), it is apparent that petitioners side were also assaulted having presence of injuries over their person at the end of prosecution and only to put safeguard against the case instituted by the petitioner's side, instant case has been filed. Non -explanation of injuries having over the person of accused side is another circumstances axing upon prosecution version over its reliability.

(3.) IT has further been submitted that in the aforesaid background, the conclusion arrived at by the successive courts are not at all appreciable consequent thereupon is liable to be set aside.