MD SAHZADA ALIAS NOORUL OLA (SINCE DECEASED) THROUGH LEGAL REPRESENTATIVE MST NOOR JAHAN (WIFE) Vs. AMIT KUMAR CHOUDHARY @ MADHAV & ORS

JUDGEMENT

(1.) The judgment dated 23rd Sept., 2008 passed by the High Court of Patna in Criminal Appeal (D.B.) Nos. 267 and 323 of 1995 has been questioned in these appeals by the victim/informant against the judgment of acquittal. The High Court on appreciation of the entire material on record had concluded that no case was made out against the respondents, much less beyond reasonable doubt.

(2.) Heard. Perused the records.

(3.) The so called injured eye-witness (PW-4) cannot even be called an eye-witness, as he had not received any injury as is clear from the evidence of the doctor, PW-13. Apart from this, other material has been discarded by the High Court and it has been rightly concluded that the evidence of PW-4 is unbelievable.