IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REV. No.118 of 2008
AWADHESH PRASAD SINGH YADAV, SON OF LATE SAKALDEEP ROY,
R/O- VILLAGE- KAPURA, P.S.- PIPRA, DISTRICT- PATNA.
Versus
1. THE STATE OF BIHAR & ORS
2. DEOKI NANDAN RAI, S/O- LATE SAKALDEEP ROY
3. SUSHIL KUMAR, S/O- DEOKI NANDAN ROY, R/O- VILLAGE
KHAPURA, P.S.- PIPRA, DISTRICT- PATNA.
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4. 30-09-2010 No body has appeared on behalf of the petitioner.
Counsel for the State as well as opposite parties are present.
Petitioner is the informant( P.W.4). He assails the
order dated 27.11.2007 passed by learned Judicial Magistrate,
1st Class, Masaurhi in connection with G.R. no. 301 of 2000/Tr.
No. 296 of 2007 whereby on conclusion of trial, accused (O.P.
nos. 2 and 3) have been acquitted of the charge(s) punishable
under Sections 323, 341, 342, 379 and 34 of I.P.C.
In all five witnesses were examined to prove the
charge. Prosecution has not relied on the evidence of P.Ws 1 to
3 who were declared hostile. P.W 4 and 5 are the informant and
his wife respectively. Learned Trial Court has appraised their
evidence and came to the conclusion that prosecution has
miserably failed to prove the charges.
In view of the findings/reasonings spelt out in
paragraphs 8, 9 and 11 of the order impugned, this court is
satisfied that in the consideration of the matter, learned Trial court
has not committed any patent illegality and/or impropriety.
The application lacks merit. It is accordingly dismissed.
Devendra/pkj ( Kishore K. Mandal, J. )