Ram Dirik Mandal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

S.L.A No. 26 of 2018 Arising Out of PS. Case No.-372 Year-2002 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Ram Dirik Mandal, son of late Shati Mandal @ Satai Mandal, Resident of village-Ballipur, P.S. Hathauri, District-Samastipur. ... ... Appellant/s

Versus

1. The State Of Bihar,

2. Santosh Kumar, son of Anil Kumar Mandal,

3. Manoj Mandal, son of Bideshi Mandal,

4. Raushan Kumar Mandal @ Raushan Kumar, son of Ram Lakhan Mandal,

5. Anil Kumar Mandal @ Mohan Mandal, son of Jagdish Mandal, All resident of village-Ballipur, P.S. Hathauri, District-Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ghanshyam Choudhary For the Respondent/s :

Mr.Shashi Bala Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date : 11-07-2019 Heard the learned counsel appearing on behalf of the appellant and learned Additional Public Prosecutor for the State.

2.

This Special Leave to Appeal has been filed on behalf of the appellant under Section 378(4) of the Code of Criminal Procedure, seeking leave to file appeal against the Judgment dated 20.12.2017 passed by the Addl. District and Sessions Judge, Rosera, Samastipur in Sessions Trial No. 591 of 2015, Whereby and whereunder, he acquitted the respondent Nos. 2 to 5 from the charges under Sections 302/34, 302, 120B

Patna High Court SLA No.26 of 2018 dt.11-07-2019 2/2 and 201/34 of the Indian Penal Code.

3.

On perusal of the impugned Judgment, it is apparent that the learned Additional District and Sessions Judge, Rosera, Samastipur has discussed the evidence in detail and arrived at a conclusion that there is no eye-witness of the occurrence. Moreover, regarding the occurrence dated 30.12.2001, the complaint petition was filed on 04.06.2002 without any explanation and the circumstances indicating against the murder of Niranjan due to love affairs with Kavita Kumari and love letter was also found, but the said love letter was not produced during the trial while it is also lodged in the complaint petition that accused Raushan Kumar Mandal (Respondent No.4) confessed his guilt regarding committing the murder of Niranjan, but no evidence was brought on record against whom he confessed his guilt.

4.

I find no reason to allow this Special Leave Appeal and, accordingly, the smme is dismissed.

(Rajendra Kumar Mishra, J) manish/- AFR/NAFR NAFR CAV DATE N.A Uploading Date 16.07.2019 Transmission Date 16.07.2019