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Chandeshwari Devi Vs. the State of Bihar and ors

Chandeshwari Devi vs The State of Bihar and ors

Type Court Judgment Court Patna Decided May 13, 2012
~2 min read
https://sooperkanoon.com/case/974765

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Citation
Court
Patna High Court
Decided On
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

Chandeshwari Devi

Respondent

The State of Bihar and ors

Excerpt

.....there was a panchayti where they refused to refund money with interest and have allegedly threatened to kill if money was demanded. the trial court has found that through none of the prosecution witnesses even facts have been proved. the proof of payment of money is wanting. there is no evidence with regard to agreement of sale of land. there is nothing on record to establish the panchayti. there is nothing on record to establish threat. there is only stray piece of evidence that the child was seen playing with others some time before his dead body was found. learned counsel for the appellant, accordingly, submits that there was no other person who had a motive to kill 2 the child and, as such, there is grave suspicion that it could only be the accused persons. they have, thus, been wrongly acquitted. in our view, the trial court has done the right thing. however, strong suspicion may be, it cannot lead to conviction in absence of proof of facts which are totally missing. merely, on the basis of available motive, which even could not be established, there cannot be a conviction much less for an offence under section 302 of the indian penal codes. this appeal is devoid of merit and it is dismissed accordingly. (navaniti prasad singh, j.) md.s. ( ashwani kumar singh, j.)

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.16 of 2012 Chandeshwari Devi wife of Late Devendra Ram of Village Ibrahimpur Sudarshan, P.S.- Deshari (Sahdai Buzurg O.P), District- Vaishali. Versus 1.The State of Bihar 2.Upendra Ram son of Bisheshwar Ram 3.Sunil Ram 4.Anil Ram Both sons of Rameshwar Ram All (2 to

4) of village Ibrahimpur Sudarshan P.S.-Deshari (Sahdai Buzurg O.P.) District- Vaishali. ----------- 2. 13.1.2012 This appeal is against acquittal by the informant. The informants minor child was found dead. The whole prosecution theory is that the accused persons had motive to kill. Even for that motive, no evidence has been led. It is alleged that husband of the informant had advanced money to the accused persons for purchase of land. The accused persons did not sell the land nor refunded the money for which there was a Panchayti where they refused to refund money with interest and have allegedly threatened to kill if money was demanded. The trial court has found that through none of the prosecution witnesses even facts have been proved. The proof of payment of money is wanting. There is no evidence with regard to agreement of sale of land. There is nothing on record to establish the Panchayti. There is nothing on record to establish threat. There is only stray piece of evidence that the child was seen playing with others some time before his dead body was found. Learned counsel for the appellant, accordingly, submits that there was no other person who had a motive to kill 2 the child and, as such, there is grave suspicion that it could only be the accused persons. They have, thus, been wrongly acquitted. In our view, the trial court has done the right thing. However, strong suspicion may be, it cannot lead to conviction in absence of proof of facts which are totally missing. Merely, on the basis of available motive, which even could not be established, there cannot be a conviction much less for an offence under section 302 of the Indian Penal Codes. This appeal is devoid of merit and it is dismissed accordingly. (Navaniti Prasad Singh, J.) Md.S. ( Ashwani Kumar Singh, J.)

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