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Patna High CourtSLA/42/2018dismissed

Dilip Kumar Singh v. The State Of Bihar And ORS

2019-08-22Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

SLA No.42 of 2018 Arising Out of PS. Case No.-630 Year-1995 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Dilip Kumar Singh Son of Satikant Singh, Resident of Village- Madhurapur, P.S. Hathauri, District- Samastipur.

... ... Appellant.

Versus

1.

The State Of Bihar.

2.

Ram Bilash Singh, S/o Late Sattu Singh.

3.

Saroj Kumar Singh, S/o Ram Bilash Singh.

4.

Kamta Prasad Singh, S/o Ram Bilash Singh.

5.

Anil Singh, S/o Late Rampukar Singh.

Resident of Village- Madhurapur, P.S. Hathauri, District- Samastipur. ... ... Respondents.

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

For the Appellant :

Mr. N.K. Agrawal, Senior Advocate.

For the State :

Mr. Zeyaul Hoda, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date : 22-08-2019 Heard learned counsel for the appellant and the learned Additional Public Prosecutor for the State.

2. 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 06.06.2018 passed in Sessions Trial No.61 of 2014, arising out of Complaint Case No.630 of 1995, whereby and whereunder the learned Additional Sessions Judge, Rosera (Samastipur), acquitted the respondent nos.2 to 5 of the charges

Patna High Court SLA No.42 of 2018 dt.22-08-2019 2/2 framed against them under Sections 302/34, 201/34, 328/34 and 406/34 of the Indian Penal Code.

3. From perusal of the impugned Judgment, it appears that the learned Additional Sessions Judge, Rosera (Samastipur) has discussed the evidence and the materials, available on the record, and arrived at the conclusion that the prosecution has miserably failed to prove the case against the respondent nos.2 to 5 and, accordingly, acquitted them of the charges framed against them under Sections 302/34, 201/34, 328/34 and 406/34 of the Indian Penal Code.

4. I find no reason to allow this Special Leave to Appeal and, accordingly, the same is dismissed. (Rajendra Kumar Mishra, J) Pradeep Srivastava/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.08.2019.

Transmission Date 22.08.2019.