Kulanand Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (DB) No.1000 of 2015 Arising Out of PS.Case No. -94 Year- 1997 Thana -SUPAUL District- SUPAUL ====================================================== Kulanand Singh, son of late Jhunku Prasad Singh, resident of villageBaruari East, Police Station- Supaul District Supaul .... .... Appellant/s

Versus

1. The State of Bihar,

2. Arbind Jha, son of Deb Chandra Jha,

3. Gholtu Jha, son of Harish Chandra Jha,

4. Sadashiv Jha, son of Arbind Jha, Respondent Nos. 2 to 4 are resident of village- Gadh Baruari, Police Station Supaul, District Supaul.

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

For the Appellant/s : Mr. Viveka Nand Singh, Advocate For the State : Mr. Mayanand Jha, APP For the Respondent Nos. 2 to 4 : Mr. Pramod Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH & HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) 7/ 15-12-2016 This appeal has been preferred under Section 372 of the Code of Criminal Procedure against the acquittal of the respondent Nos. 2 to 4 by the Additional Sessions Judge, II, Supual, in Sessions Trial No.202 of 2003 arising out of Supaul P.S. Case No.94 of 1997 vide judgment dated 19th May, 2015. We have heard learned counsel for the appellant, learned counsel for the State and learned counsel for the private respondents, who have been noticed and have appeared. Though we were reluctant to admit this appeal as it

Patna High Court CR. APP (DB) No.1000 of 2015 (7) dt.15-12-2016 2/2 lacks substance and though badly written, learned counsel for the appellant argues that in respect of the same occurrence, the private respondents had also instituted a case simultaneously, which was also tried simultaneously and by the judgment of the same date by the same Judge those accused persons i.e. the appellant and others were acquitted against which Cr. Appeal (DB) No.639 of 2015 is already pending having been admitted for hearing.

This appeal is also admitted for hearing to be heard along with Cr. Appeal (DB) No.639 of 2015.

No notice need be issued to the respondents.

Call for the lower court records of Sessions Trial No.202 of 2003 arising out of Supaul P.S. Case No.94 of 1997 from the Court of the Additional Sessions Judge, II, Supaul. (Navaniti Prasad Singh, J) (Sanjay Priya, J) JA/- U T