Subhak Lal Yadav @ Subhak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

SLA No.60 of 2019 Arising Out of PS. Case No.-873 Year-2004 Thana- COMPLAINT CASE District- Supaul ====================================================== SUBHAK LAL YADAV @ SUBHAK YADAV Son of Late Gulten Yadav Resident of Village - Amha Sappey Gara Tola, P.S. and Distt.- Supaul. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Kamleshwari Yadav Son of Late Khushi Lal Yadav Resident of Village - Amha Sappey Gara Tola, P.S. and Distt.- Supaul. 3.

Birendra Yadav Son of Kamleshwari Yadav Resident of Village - Amha Sappey Gara Tola, P.S. and Distt.- Supaul.

4.

Rambhu Yadav Son of Kamleshwari Yadav Resident of Village - Amha Sappey Gara Tola, P.S. and Distt.- Supaul.

5.

Shambhu Yadav Son of Kamleshwari Yadav Resident of Village - Amha Sappey Gara Tola, P.S. and Distt.- Supaul.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Shiva Shankar Sharma For the Respondent/s :

Mr.Bipin Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-11-2019 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 and order dated 07.09.2019 passed in S.T. No. 114 of 2015, arising out of Compliant Case No. 873 (C) of 2004 by the Court of F.T.C-II, Supaul, Whereby and whereunder, the respondent Nos. 2 to 5 have been acquitted from the charges

Patna High Court SLA No.60 of 2019(2) dt.07-11-2019 2/2 under Sections 323, 324, 447, 379 and 307 of the Indian Penal Code.

3.

On perusal of the impugned Judgment, it is apparent that the learned Presiding Officer, F.T.C-II, Supaul has well discussed the evidences in detailed and rightly arrived at conclusion that prosecution failed to prove the charges under Sections 323, 324, 447, 379 and 307 of the Indian Penal Code. 4.

I find no reason to allow this Special Leave to Appeal and, accordingly, same is dismissed. (Rajendra Kumar Mishra, J) manish/- U T