Bijindra Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.684 of 2015 Arising Out of PS.Case No. -218 Year- 2008 Thana -BARH District- PATNA ======================================================

1. Bijindra Rai son of Late Nand Lal Rai, Resident of Village- Salempur, P.S.- Barh, District- Patna.

.... .... Appellant/s

Versus

1. The State of Bihar

2. Baunu Yadav @ Sujay Yadav son of Vidhya Rai

3. Suli Yadav

4. Jitu Yadav Both sons of Late Vidhya Rai

5. Fula Devi Wife of late Vidhya Rai, All resident of Village- Shah Salempur, P.S.- Barh, District- Patna.

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

For the Appellant/s : Mr. Ram Swarup Prasad, Advocate For the Respondent/s : Mr. Bipin Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-12-2016 This appeal has been preferred under proviso to Section 372 of the Code of Criminal Procedure against judgment and order dated 10.09.2015 passed by learned Additional Sessions Judge II, Barh, whereby he has recorded acquittal of respondents No. 2 to 5 in Sessions Trial No. 51 of 2009. The said respondents stood charged of the offence punishable under Section 366 of the Indian Penal Code, at the trial.

Learned trail court after having considered that there was no independent witness, who support the charge and the testimony of the victim was not trustworthy, giving them benefit of doubt, has recorded their acquittal.

Patna High Court CR. APP (SJ) No.684 of 2015 (2) dt.09-12-2016 2/2 I do not find any perversity in the findings recorded by the trial court.

This appeal does not deserve admission and is, accordingly, dismissed, at the state itself.

(Chakradhari Sharan Singh, J) Vats/- U T