Vijay Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1524 of 2019 Arising Out of PS. Case No.-102 Year-2014 Thana- PHULWARIYA District- Gopalganj ====================================================== Vijay Kumar Chaudhary Son of Kishore Chaudhary Resident of VillageBathuwa Bazar, P.S.- Phulwariya, District- Gopalganj. ... ... Appellant/s
Versus
1.
The State Of Bihar 2.
Chhotelal @ Chottu Manjhi Son of Videshi Manjhi Resident of VillageBalepur Gadditola, P.S.- Fulwariya, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Prince Kumar Mishra, Advocate For the Respondent/s :
Mr. Manish Kumar No2, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) Date : 04-01-2023 This appeal has been preferred under Section 372 of the Cr.P.C. putting to challenge the judgment dated 30.09.2019 passed in Sessions Trial No. 265 of 2015, arising out of Phulwariya P.S. Case No. 102 of 2014, by the learned VIth Additional Sessions Judge, Gopalganj, acquitting the respondent No.2 of the charge for the offence punishable under Section 395 of the Indian Penal Code.
Learned counsel appearing on behalf of the appellant has very fairly drawn our attention to a judgment of this Court dated 08.01.2020 passed in Cr. App. (DB) No. 1459 of 2019,
Patna High Court CR. APP (DB) No.1524 of 2019 dt.04-01-2023 2/2 whereby this Court has dismissed an appeal against acquittal filed by the present appellant in a case arising out of the same Phulwariya P.S. Case No. 102 of 2014. Two separate appeals came to be filed by the same appellant as two separate judgments of acquittal were delivered by the learned Trial Court. There is nothing in the present appeal against acquittal of respondent No. 2 to distinguish it from the case against respondent No. 2, Dinesh Manjhi, of Cr. App. (DB) No. 1459 of 2019.
Considering the facts and circumstances, particularly the fact that an appeal against acquittal of Dinesh Manjhi has been dismissed by this Court, this appeal is also dismissed. (Chakradhari Sharan Singh, J) (Rajesh Kumar Verma, J) Pawan/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 10.01.2023 Transmission Date 10.01.2023