High Court Patna High Court - Orders

Ram Briksh Singh vs State Of Bihar &Amp; Ors on 27 September, 2010

Patna High Court – Orders
Ram Briksh Singh vs State Of Bihar &Amp; Ors on 27 September, 2010
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CR. REV. No.1309 of 2008
         RAM BRIKSH SINGH SON OF LATE GARVADEO SINGH, R/O-
         SADIKPUR, P.S.- BARH, DISTRICT- PATNA.

                                               Versus

             1. THE STATE OF BIHAR
             2. SURESH KAHAR, SON OF LATE DINA NATH KAHAR.
             3. RAM DAHIN KAHAR SON OF BAIKUNTH KAHAR
             4. GANESH KAHAR SON OF DINA NATH KAHAR.
             5. DULAR KAHAR, SON OF RAM UGRAH KAHAR.
             ALL R/O BAHADARPUR, P.S.- CHANDI, DISTRICT- NALANDA.

                                             -----------

4 27.09.2010 Heard learned counsel for the petitioner.

Petitioner is the informant (P.W. 9). He assails the

judgment and order dated 11.6.2008 passed in Sessions Trial

No. 284 of 1996 by learned Addl. District Judge, Hilsa, Nalanda

whereby the opposite party nos. 2 to 5 have been acquitted of the

charges punishable under Sections 395 and 412 of Indian Penal

Code.

Learned trial court in paragraph 12 has appraised the

evidence adduced on behalf of the prosecution and in paragraph

13 has indicated the reasons for not placing reliance on the

witnesses produced on behalf of the prosecution. The aforesaid

consideration has been made in the backdrop of the fact that

consistently all the P.Ws have deposed that the accused were all

residents of their village and they allegedly committed the

occurrence without taking slightest effort to conceal their identity.

The reasons assigned by learned trial court cannot be said to be

patently illegal and/or wholly perverse.
2

There is no merit in this application. It is accordingly

dismissed.

( Kishore K. Mandal, J. )
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