Ram Kishun Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.556 of 2019 Arising Out of PS. Case No.-280 Year-2012 Thana- ALAMGANJ District- Patna ====================================================== Ram Kishun Prasad, aged about 68 years S/o Late Mahadev Prasad R/o Mohalla- Makhanpur Idgah, P.S.- Alamganj, District- Patna ... ... Appellant

Versus

1.

The State of Bihar 2.

Ramjee Tatwa 3.

Krishna Tatwa.

Both S/o Late Sukhu Tatwa R/o Mohalla- Makhun Idgah, P.S.- Alamganj, District- Patna ... ... Respondents ====================================================== Appearance :

For the Appellant/s :

Mr. Kamod Kumar Vidyarthi, Adv.

For the Respondent/s :

Mr. Ajay Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA and HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) Date : 25-07-2019 Heard learned counsel appearing for the appellant as well as learned Additional Public Prosecutor for the State on the point of admission and in our view, this criminal appeal can be disposed of on admission stage itself.

The appellant is aggrieved by the impugned judgment of acquittal dated 24.04.2019 passed by learned Additional Sessions Judge-IV, Patna City in Sessions Trial No. 640 of 2015 by which and where under he acquitted the respondents no. 2 and 3 from the charges framed under Sections 302/34, 120B of the I.P.C.

Patna High Court CR. APP (DB) No.556 of 2019 dt.25-07-2019 2/3 Learned counsel appearing for the appellant submits that in course of trial, prosecution brought evidence to show that deceased had love affair with daughter of respondent no. 2 and that was the reason, respondents no. 2 and 3 committed the murder of the deceased.

On the other hand, learned Additional Public Prosecutor submits that except suspicion, there was nothing against the respondents no. 2 and 3.

Having heard the contentions of both the parties, we went through the impugned judgment. Admittedly, none had seen the actual killing of the deceased and in course of trial, prosecution brought evidence to this effect that deceased was in love with daughter of respondent no. 2 three years prior to the alleged occurrence. Furthermore, perusal of impugned judgment goes to show that daughter of respondent no. 2 had already solemnized her marriage and has become mother of a child. Moreover, even if it assumed that deceased had love affair with daughter of respondent no. 2 three years prior to the alleged occurrence, then also, except suspicion, there is nothing against the respondents no. 2 and 3. It is well settled principle of law that suspicion, however, may be strong, cannot take place of evidence. Therefore, in our view, the learned trial court rightly passed the

Patna High Court CR. APP (DB) No.556 of 2019 dt.25-07-2019 3/3 judgment of acquittal and there is no need to interfere into the impugned judgment.

Accordingly, this criminal appeal stands dismissed on admission stage itself.

(Hemant Kumar Srivastava, J) ( Prabhat Kumar Singh, J) shahzad/- AFR/NAFR AFR CAV DATE N.A.

Uploading Date 30.07.2019 Transmission Date 30.07.2019