Upendra Yadav v. State Of Bihar And ANR

Patna High Court CR. APP (DB) No.1510 of 2017 (4) dt.30-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (DB) No.1510 of 2017 Arising Out of PS.Case No. -109 Year- 2015 Thana -BAHERI District- DARBHANGA ====================================================== Upendra Yadav son of Ayodhya Yadav .... .... Appellant/s

Versus

State of Bihar & Anr .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Birendra Kumar Singh For the Respondent/s : Mr. Ashwani Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA and HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) 30-04-2018

1. Heard learned counsel for the appellant as well as learned Addl. Public Prosecutor for the State.

2. From perusal of the impugned judgment, we find that the prosecution case was based on circumstantial evidences but in course of trial, prosecution failed to prove the circumstantial evidences which suggest and point out finger towards guilt of respondent no.2.

3. Therefore, we do not find any ground to interfere into the impugned judgment of acquittal dated 31.10.2017 passed by the Addl. Sessions Judge V, Darbhanga in Sessions trial no. 232/2015. Accordingly, this criminal appeal and I.A. no. 210/2018 which has been filed on behalf of the appellant

Patna High Court CR. APP (DB) No.1510 of 2017 (4) dt.30-04-2018 under section 378(3) of the Cr.P.C for grant of leave stand dismissed.

(Hemant Kumar Srivastava, J) (Rajendra Kumar Mishra, J) Shahid/- U T