IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (DB) No.576 of 2011
Pawan Devi wife of Umesh Pathak, resident of village Sakhmohan Jari
Tola P.S. Bibhutipur District Samastipur.
Versus
1. The State Of Bihar
2. Arbind Jha @ Bishan Jha son of Mahendra Jha
3. Shiv Jha son of Mahendra Jha, both resident of village Shakh Mohan
,P.S- Bibhutipur, district- Samastipur -----------
2 24.06.2011
Heard the learned counsel for the appellant.
The appellant is aggrieved with the judgment dated
17.4.2011 in Sessions Trial No.315 of 2002 arising out of
Bibhutipur P.S.Case No. 127 of 1997 corresponding to GR Case
No. 483 of 1997, passed by Additional Session Judge F.T.C V
Samastipur by which respondent nos. 2 and 3 have been
acquitted from charges.
Allegation was that the son of the informant was
forcibly, taken away by the accused person and later on his dead
body with injuries was found.
The defence of the accused person was that
according to allegation the son of the complainant was taken
away on20.6.1997 but complaint petition was filed on 23.6.1997.
Further defence was that the son of the complainant died on
account of a road accident.
The Trial Court after considering the defence version
and other materials on record came to the conclusion that the
prosecution has not been able to prove the charges beyond the
shadow of all reasonable doubts and accordingly acquitted the
accused person.
2
We find that the judgment based on sound reasoning
and so it requisites no interference by this court.
Accordingly this appeal is dismissed.
(Shyam Kishore Sharma, J.)
Namita , ( Rajendra Kumar Mishra J.)