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Patna High CourtCR. REV./341/2003dismissed

Sudhir Singh @ Bhola Singh v. State Of Bihar And ANR

2015-01-28Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.341 of 2003 Arising Out of PS.Case No. -null Year- null Thana -null District- MUNGER =========================================================== Sudhir Singh @ Bhola Singh, son of Sri Debkinandan Singh, resident of villageKutaut, P.S.- Barbigha, District-Sheikhpura. .... .... Petitioner/s

Versus

1. The State of Bihar &

2. Ramanuj Singh, son of Govind Singh, resident of village-Kutaut, P.S.- Barbigha, District-Sheikhpura.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar, Advocate Mr. Jitendra Narain Sinha, Advocate For the Respondent/s : Mr. Bhanu Pratap Singh, APP Dr. Anjani Pd. Singh, Advocate =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 28-01-2015

1. The Petitioner is aggrieved by the judgment of acquittal of Opposite Party No.2 dated 06.03.2013 passed by the Presiding Officer, Additional Court (Fast Track), Munger, in Sessions Case No.588 of 1985/T.R.No.239 of 2002.

2. The case of the prosecution is that on the night of the occurrence the accused persons variously assaulted him and his brother. On such allegation, a case under Section 302/34 Indian Penal Code was instituted.

3. During trial, six witnesses were examined from the side of the prosecution and two witnesses were examined from the side of the defence.

4. On going through the judgment of acquittal, I find that the Trial Court has mainly considered the counter version of the occurrence in which the prosecution party had been convicted under Section 302/34 Indian

Patna High Court CR. REV. No.341 of 2003 dt.28-01-2015 2/2 Penal Code. It was under these circumstances that the present occurrence was disbelieved.

5. Hence, the revision application is dismissed. (Anjana Prakash, J) JA/- U T