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Patna High CourtSLA/28/2019dismissed

Ram Lakhan Mistri @ Lakhan Mistri v. The State Of Bihar

2019-08-29Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

SLA No.28 of 2019 Arising Out of PS. Case No.-1049 Year-2001 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== RAM LAKHAN MISTRI @ LAKHAN MISTRI Son of Late Moti Mistri Resident of Village-Mandai P.S.-Khizarsarai, District-Gaya. ... ... Appellant.

Versus

1.

The State of Bihar.

2.

Lakshmi Sao Son of Binda Sao Resident of Village-Mandai P.O-Sapneri P.S.-Khizarsarai, District-Gaya.

3.

Chameli Devi Wife of Lakshmi Sao Resident of Village-Mandai P.O-Sapneri P.S.-Khizarsarai, District-Gaya.

4.

Binda Sao Son of Late Namdhari Sao Resident of Village-Mandai P.OSapneri P.S.-Khizarsarai, District-Gaya. 5.

Pintu Sao Son of Lakshmi Sao Resident of Village-Mandai P.O-Sapneri P.S.- Khizarsarai, District-Gaya.

6.

Satrughan Sharma Son of Mathuk Sharma Resident of Village-Mandai P.OSapneri P.S.-Khizarsarai, District-Gaya. ... ... Respondents.

====================================================== Appearance :

For the Appellant :

Mr. Rajiv Ranjan, Advocate.

For the State :

Mr. Bipin Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date : 29-08-2019 This Special Leave to Appeal, under Section 378(4) of the Code of Criminal Procedure, has been filed on behalf of the appellant, seeking leave to file appeal against the Judgment dated 06.02.2019 passed in Complaint Case No.1049 of 2001/Trial No.437 of 2019/Tr.666 of 2018, whereby and whereunder the Additional Chief Judicial Magistrate-X, Gaya, acquitted the respondent nos.2 to 6 of the charges framed against them for the offence under Sections 304A and 417 of the Indian Penal Code.

Patna High Court SLA No.28 of 2019 dt.29-08-2019 2/2

2. Heard learned counsel for the appellant, learned Additional Public Prosecutor for the State and also perused the impugned Judgment.

3. From perusal of the impugned Judgment, it appears that the Additional Chief Judicial Magistrate-X, Gaya, discussed the evidence of the witnesses, as adduced on behalf of both sides, in detail and came to the conclusion that the prosecution has not been able to prove the charges framed against the respondent nos.2 to 6 for the offence under Sections 304-A and 417 of the Indian Penal Code beyond all reasonable doubts and, accordingly, acquitted the respondent nos.2 to 6 of the charges framed against them under the aforesaid Sections.

4. I find no reason to interfere with the impugned Judgment and Order and to entertain this Special Leave to Appeal.

5. Accordingly, this Special Leave to Appeal stands dismissed and consequent thereupon I.A. No.1 of 2019 also stands dismissed..

(Rajendra Kumar Mishra, J) Pradeep Srivastava/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.08.2019.

Transmission Date 30.08.2019.