CRIMINAL APPEAL

IN THE HIGH COURT OF JUDICATURE AT PATNA

(CRIMINAL APPELLATE JURISDICTION)

Criminal Appeal No......................... 2024

In the matter of criminal

Appeal under section 378 of

Criminal Procedure Code

AND

In the matter of Pankaj Kumar , S/O :- Sri Krishna Prasad

Nirala, aged about 32 years, a resident of Bhairopur, P. S-
Doriganj, District - Saran.

…………………….Petitioner
 Versus

The State of Bihar & Ors

.......................... Respondent

To,

The honorable Mr.

The humble petition on

behalf of petitioner above

named.
Most respectfully showeth: -

1. That the humble Respondent namely Sunil Mahto

was undergone a Session trail ( ST no. 325/2020) in
the court of Additional Session Judge V, Saran at
Chapra for the offence u/s
147/148/149/341/323/324/307/34 IPC and on
acquittal vide order dated 21-09-2023

2. That the brief fact of prosecution leading to the trial

before the ADDITIONAL SESSIONS JUDGE V is that
on 31-03-2020,arising out of Doriganj P.S Case No
41/ 2020 statement given at about 4 PM evening by
informant namely Pankaj Kumar in severe injured
condition working in the Signal Unit of the 19th
Division Badar - Srinagar at the Jammu & Kashmir
and he came to his hometown on occasion of leave
for a month and he was standing lonely on the terrace
of his newly constructed house at around 7.00- 7.15
AM morning on the same day. It is further alleged that
his neighbours namely 1)Sunil Mahto , 2)Virendra
Mahto and 3)Asharfi Mahto came there at that time
and they called him down from his terrace.When the
informat came down , they along with other accused
namely 4)Dhupawati Devi , 5)Ghana kumari and
6)Sima Devi by hatching a conspiracy altogether with
common intention of attacked on the person(
informant)with knife and lathi -danda.It is furthermore
alleged that the informant started to flee from incident
place and screamed a lot simultaneously when the
accused attacked him by lathi and stones on his back
portion of his boby which caused severe following
injuries to him-

i.two knife injuries on the left side of his chest,

ii. One knife injury on his left thigh,

iii.two knife injuries on the right chest , and

iv. one knife injury on the left pelvic area.

It is further alleged by the informat that due to all such
above-mentioned injuries he fell unconscious instantly.On
course of that incident his mother and his neighbours
namely Ram Ayodhya Mahto, Ram Babu Mahto and
Raushan Kumar @ Milan brought him to the local Sadar
Hospital for treatment by wrapping his injuries with bed
sheet and gamchha from where he was referred to Patna
for better treatment after giving him first aid. As per as
prescribed, he was then admitted to the PARAS hospital,
Patna for further treatment.

It was very important to notify that the informat persuaded

that all the accused still wanted to kill him ultimately which
is clearly claimed by him in the said lodged FIR.

3.That on the basis of aforesaid Fard Bayan of the

informat, a formal FIR has been registered in and as
DORIGANJ P.S CASE NO. 41/2020 dated 01/04/2020
under section 341, 323, 324, 307,147,148, 149 of IPC
against the accused persons namely 1. Sunil Mahto, 2.
Birendra Mahto, 3. Asharfi Mahto, 4. Dhupawati Devi,
5.Ghana kumari, and 6.Sima Devi and further action in
the form of investigation has been proceed under the
responsibility of S.I. named Prem Kumar Tiwari.

4. That In the course time of investigation, the I.O. seems

to have recorded the statements of informant and other 8
witnesses under section 161 of crpc namely (
chandrawati devi, Ram Babu Mahto, Ram Ayodhya
Mahto, Pankaj Kumar, Prem Kumar Tiwari, ramjeet
Das, Dr. Rishi Kapoor, urmila devi) in terms of oral
evidence it considered and After finding all the allegations
true against both the accused, the charge sheet ( Bearing
no- 95/2020 , dated 18.08.2020) was constituted and
submitted by him against the said accused viz 1. Sunil
Mahto & 2. Birendra Mahto under section 147, 148, 149,
341, 323, 324, 307 of IPC by the superior order of the
authority keeping the supplementary investigation on
against the other accused viz 3. Asharfi Mahto, 4.
Dhupawati Devi, & 5. Sima Devi. Further after
submission of the chargesheet and collection of evidence
are accomplished in case dairy, the learned CJM , Chapra
has taken cognizance of the offence on dated 02.09.2020
against the above named both accused namely Sunil
Mahto & Birendra Mahto and kept this case record in his
personal file for commitment.Then on dated 22.09.2020
this case was committed to the court of Session. Then this
case record was received in this court on dated 4.10.2021

5.That thereafter charges were framed against above

named both açcused on dated 15.10.2020 under section
147/149, 148/149, 341/149, 324/149, 323/149, 307/149 of
the IPC and explained to them about their accusations but
both pleaded not guilty and claimed to be tried. It is further
submitted that the accused persons has completely
denied the incidents and what allegations imposed on
them when incriminating materials occured during course
of prosecution evidence was put to the accused persons.
In fact, the defence is assertion of innocence and falsity
oalleged charges in their respective statement both the
accused recorded under section 313 of CRPC.

6. That on the other side the prosecution has produced

altogether eight witnesses and has also exhibited total 13
documents as the documentary Evidence that was duly
presented so can both the above-mentioned accused be
convincted accordingly with appropriate legal execution.
Meanwhile the said accused completely denied the
circumstances appearing against them in evidence and
have pleaded their innocence through video conferencing
mode occured on dated 25.04.2023. Moreover during
course time of prosecution evidence, in the event off cross
examination, they have denied the occurrence and take
the specific plea that they have falsely been implicated in
this case in order to save the informant of this case from
the Doriganj P.S case no -43/ 2020 wherein the petitioner
is alleged to rape, misbehaved and assaulted the wife of
accused named Sunil Mahto viz Seema Devi ( Defence
witnesses) and also assualtee chamcham devi( defence
witnses) ,the sister of both accused , led the miscarriage
to her. Further the accused persons has also produced
two defence witnesses namely 1.seema devi & 2.
Chamcham devi and also exhibited three documents as
documentary Evidence in order to rebut the prosecution
case.

6.That on above stated facts and circumstances presented

by both the parties the learned court came to declare their
judgement dated 20.08.2023 whereby the accused namely
Birendra Mahto A-2 is found and held guilty under section
307 of the IPC , 1860 and hence stands convicted for the
same accordingly. But on the other the accused namely
Sunil Mahto A- 1 is found and held not guilty under
aforesaid alleged charges for the reasons stated above.
He is thus hereby acquitted from all the alleged charges in
this case.
7.That being aggrieved of the said acquittal of the accused
namely Sunil Mahto in the impugned judgment and order,
the appellant herein prefers the present appeal following
amongst other grounds:

GROUNDS: -

1. That the impugned judgment is contrary to the law

,facts and circumstances of the case.

2. That the impugned order by the learned court on the

said session trail against co- accused of this

prosecution, is already held guilty under section 307

of the IPC . As both the accused were togetherly

involved in the alleged offences so Accused A-1@

SUNIL MAHTO is also liable for the same verdict.

3. That in the hot haste the learned trial court has

decided the case in slip shod manner perversely and

arbitrarily, which is based surmises and conjectures.

4. That the appellant fully proved his case by way of

cogent evidence but the learned trial court did not

give any weight to it.

5. That the learned trial court has given undue weight to

the minor contradictions in the prosecution evidence.

6. That the trail court has not appreciated the evidence

of prosecution and prosecution witnesses properly.

7. That the trial court had not appraised the evidence on

record properly and erred while acquitting the

accused by giving benefit of doubt because sufficient

 incriminating material is available against the accused

on record.

8. That the impugned judgment is result of misreading

and non reading of material, which has caused

miscarriage of justice.

9. That the impugned judgment is based upon has been

passed by the learned trail court on assumptions and

presumptions.

10. That the impugned judgment is not a judicial

speaking judgment and thus is liable to be set-aside

 PRAYER:-

In view of the aforesaid facts and circumstance of this

case, it is most respectfully prayed that the Hon'ble

court may be pleased to:

1. Exercise its jurisdiction u/s. 378 of Cr.P.C, admit the

appeal and issue rule in the above matter;

2. Call for the record of Additional Session Court,

Saran At chapra in S.T. No 325 of 2020;

3.Reverse the impugned Judgment dated 21.08.2023

passed by the ADDITIONAL SESSIONS JUDGE- V,

 SARAN AT CHAPRA in S.T. No. 325/2020 and

acquitted the accused named Sunil Mahto for an

offence alleged u/s. 147, 148, 149, 341, 323, 324,

307, 34 Of IPC .

4. pass any other or further order (s) as this court may

deem fit and proper in favour of appellant, in the interest of

justice.

Appellant
Dated:
Through Advocate