The State Of Bihar Through Collector Vaishali v. Jitendra Nath Prasad And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Govt. Appeal (DB) No.18 of 2016 =========================================================== The State of Bihar through Collector, Vaishali. .... .... Appellant/s

Versus

1. Jitendra Nath Prasad son of late Bishwanath Prasad.

2. Satendra Nath Prasad son of late Bishwanath Prasad.

3. Rajeev Ranjan Prasad son of Jitendra Nath Prasad. All resident of villageMakhdupur, P.S. Vaishali, District- Vaishali. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH and HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH) Date: 01-08-2016 Heard learned counsel for the appellant and learned counsel for the respondents.

The instant Government Appeal is preferred against the Judgment of acquittal dated 18.03.2016 passed by the 8th Additional Sessions Judge, Vaishali at Hazipur in Sessions Trial No. 91 of 1995, whereby he has acquitted the Opposite Party Nos. 1 to 3 for the charge under Sections 307/34 of the I.P.C. and 27 of the Arms Act.

We find that the Trial Court after considering all the evidence on record has arrived at the conclusion that the prosecution does not stand proved because of non-examination of

Patna High Court G. APP. (DB) No.18 of 2016 dt.01-08-2016 2/2 Investigating Officer and also for non-production of the Injury Report.

Hence, we find no infirmity in the Judgment of acquittal passed by the Trial Court. As such, there is no merit in the Government Appeal. Accordingly, the same is dismissed. (Samarendra Pratap Singh, J) (Rajendra Kumar Mishra, J) Shail/- AFR/NAFR NAFR CAV DATE Uploading Date 02.08.2016 Transmission Date 02.08.2016