SANJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal assails the judgment dtd. 11/9/2025 passed by the High Court of Judicature at Patna in Criminal Appeal (DB) No. 224 of 2025, whereby the High Court dismissed the appeal preferred by the present petitioner and affirmed the judgment of acquittal dtd. 24/12/2024 passed by the learned Additional Sessions Judge-III, Hilsa, District Nalanda, in Sessions Trial No. 596 of 2003 / Reg. No. 8423 of 2014, arising out of Hilsa P.S. Case No. 373 of 1998. By the judgment of the learned Trial Court, the Respondent No. 2, namely Nakul Prasad @ Nakul Yadav, was acquitted of the offences punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code, 1860 and Sec. 27 of the Arms Act, 1959. The High Court, while affirming the acquittal, held that the prosecution case was not free from doubt. The High Court principally noticed the mismatch between the ocular version and the medical evidence, the non-examination of material independent witnesses, the hostility of the two independent witnesses examined at the trial, and the fact that the remaining material witnesses were related/interested witnesses whose evidence required closer scrutiny.

(3.) The limited question before us is, whether the concurrent acquittal recorded by the learned Trial Court and affirmed by the High Court suffers from such perversity, manifest illegality, or gross misappreciation of evidence as would warrant interference by this Court under Article 136 of the Constitution of India.