Balrup Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (DB) No.1012 of 2017 Arising Out of PS.Case No. -53 Year- 2001 Thana -BARUN District- AURANGABAD ====================================================== Balrup Singh .... .... Appellant/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Prakash Kumar For the Respondent/s : Mr. Krishna Prasad Singh Mr. Mithilesh Kumar Singh For the State Mr. S.B.Verma APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA and HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) 24-08-2018 Heard the parties.

In our view, this appeal can be disposed of on admission stage itself.

The appellant lodged Barun P.S.Case No. 53 of 2001 for the offences punishable under section 302, 201/34 of the Indian Penal Code suspecting the involvement of respondent no. 2 to 6 in killing of his son.

The police after investigation, submitted charge sheet against the respondent nos. 2 to 6 and after cognizance and commitment, the respondent no. 2 to 6 were put on trial and stood charged for the offence punishable under section 302/201 read with section 34 of the Indian Penal Code. The prosecution examined its witnesses in course of trial and after analyzing the

Patna High Court CR. APP (DB) No.1012 of 2017 (8) dt.24-08-2018 2/2 evidences available on the record, the learned trial court acquitted the respondent nos. 2 to 6 of the charges framed against them on the ground that prosecution could not succeed to prove it case beyond all shadow of reasonable doubt.

The 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 evidence. The learned trial court after discussing the evidence of prosecution came to the conclusion that prosecution could not succeed to establish complete chain of circumstances and, accordingly, judgment of acquittal was passed by the learned trial court. We do not find any illegality, irregularity or infirmity into the finding given by the learned trail court and, therefore, in our view, this appeal is devoid of merit.

Accordingly, this Cr, Appeal as well as I.A.No. 1802 of 2012 which has been filed under section 378(3) of the Code of Criminal Procedure stand dismissed on admission stage itself. (Hemant Kumar Srivastava, J) (Rajendra Kumar Mishra, J) N.K/- U