Shanti Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (DB) No.398 of 2018 Arising Out of PS.Case No. -234 Year- 2013 Thana -MOKAMAH District- PATNA =========================================================== Shanti Devi, Wife of Late Mahendra Prasad, Resident of village- Tatua Toli, P.S.- Mokama, District- Patna.
.... .... Appellant
Versus
1. The State of Bihar.
2. Vijay Kumar
3. Vikram Kumar @ Vicky, No. 2 & 3 Sons of Late Narayan Das, Residents of Mohalla- Doctor Toli, Ward No. 7, P.S.- Mokama, District- Patna. .... .... Respondents =========================================================== Appearance :
For the Appellant/s : Mr.
For the Respondent/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA and HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) Date: 19-06-2018 Heard learned counsel for the appellant as well as learned Additional Public Prosecutor for the State on the point of admission.
This appeal has been filed against the judgment of acquittal dated 12.01.2018 passed by learned 1st Additional Sessions Judge, Barh, Patna in Sessions Trial No. 550 of 2015 by which and whereunder he acquitted the respondents no. 2 and 3 of the charges framed against them for the offences punishable under Sections 120B/34, 302/34 of the Indian Penal Code and Sections 25(1-b)A, 26 and
Patna High Court CR. APP (DB) No.398 of 2018 dt.19-06-2018 2/2 27 of the Arms Act.
Perusal of impugned judgment goes to show that none had seen the actual killing of the deceased and the entire prosecution case hinges upon circumstantial evidences. The learned court below dealt with all the circumstantial evidences separately and after discussing the evidences available on the record passed the impugned judgment of acquittal. We do not find any perversity or illegality into the impugned judgment of acquittal.
Accordingly, this criminal appeal stands dismissed on admission stage itself.
(Hemant Kumar Srivastava, J) (Rajendra Kumar Mishra, J) SHAHZAD/- AFR/NAFR NAFR CAV DATE N.A.
Uploading Date25.06.2018 Transmission Date 25.06.2018