(Ranjan Gogoi and R. Banumathi, JJ.)
Chanda Devi ______________________________________ Appellant
v.
The State of Bihar _________________________________ Respondent
Criminal Appeal No. 816/2018 [@ Special Leave Petition (Crl.) No. 1785 of 2018], decided on July 4, 2018
The Order of the court was delivered by
Order
1. Leave granted.
2. The appeal by the accused-appellant is against the Order of the High Court by which the conviction of the accused-appellant under Section 308 IPC has been affirmed. The High Court in para 13 of the impugned Judgment had clearly and categorically recorded that the prosecution case is unreliable. Thereafter, it had proceeded to consider the defence version to arrive at the conclusion that the accused had exceeded the right of private defence and, therefore, was liable to be convicted.
3. We cannot appreciate the manner in which the High Court has proceeded. If the prosecution version is held to be unbelievable that should have been the end of the matter.
4. For all the aforesaid reasons, we set aside the Order of the High Court and the conviction recorded under Section 308 against the accused-appellant as well as sentence imposed.
5. The appeal is allowed in the above terms.
Special Leave Petition (Crl Appeal No. 1785 of 2018
Chanda Devi _______________________________________ Appellant
v.
The State of Bihar __________________________________ Respondent
Date: 04-07-2018 This petition was called on for hearing today.
(Before Ranjan Gogoi and R. Banumathi, JJ.)
For Appellant(s) Mr. Brajesh Kumar, AOR
Mr. A.P. Sinha, Adv.
For Respondent(s) Mr. M. Shoeb Alam, AOR
Ms. Fauzia Shakil, Adv.
Mr. Ujjwal Singh, Adv.
Mr. Mojahid Karim Khan, Adv.
UPON hearing the counsel the Court made the following
ORDER
6. Leave granted.
7. The appeal is allowed in terms of the signed order.
8. Pending application(s), if any, shall stand disposed of.
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