Munni Khatoon v. The State Of Bihar And ORS
Patna High Court CR. APP (SJ) No.1471 of 2017 (09) dt.13-11-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1471 of 2017 Arising Out of P. S. Case No. -137 Year- 2011 Thana -BAHADURGANJ District- KISANGANJ ======================================================
1. Munni Khatoon, wife of Ishaque Alam and sister of Late Soni Khatoon, resident of Village- Lohagara, P.S.- Bahadurganj, District- Kishanganj. .... .... Appellant/s
Versus
1. The State of Bihar.
2. Ashfaque Sah, aged about 24 years, son of Jamal Sah,
3. Jamal Sah, aged about 65 years, son of Iltab Sah,
4. Chhote Sah, aged about 30 years, son of Hafiz Sah,
5. Gaisul Sah, aged about 38 years, son of Habib Sah,
6. Rasool Sah @ Nago Sah, aged about 35 years, son of Hafiz Sah, Sl. 2 to 6, all residents of Village- Lohagara, P.S.- Bahadurganj, DistrictKishanganj. .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Utsav Kumar-Advocate For the Respondent/s : Smt. Abha Singh-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 13-11-2017 Heard learned counsel for the appellant as well as learned Additional Public Prosecutor.
Instant appeal has been filed under Section 372 of the Cr.P.C. by the appellant, who claimed herself to be sister of victim Soni Khatoon, who is said to have been murdered and on account thereof, even during course of trial, she was not examined. Written report along with evidences of the witnesses have been filed on supplementary affidavit. Gone through the same. Being infirmity persisting therein coupled with the fact that the informant herself took no sincere effort and allowed the victim to return covering a
Patna High Court CR. APP (SJ) No.1471 of 2017 (09) dt.13-11-2017 considerable period of three months along with pendency of criminal cases amongst the parties as well as persisting infirmities in the ocular evidence did not warrant the judgment impugned to be interfered with.
That being so, instant memo of appeal is rejected. (Aditya Kumar Trivedi, J) Vikash/- U T