HARI JEE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision petition has been preferred against the judgment of acquittal recorded by the Second Addl. Sessions Judge, Buxar in Sessions Trial No. 852/89.

(2.) AT the very first instance objection has been raised regarding the maintainability of the revision petition by the private party i.e. the informant against the case registered through investigation by police. Reference has been made to a judgment of the Apex Court wherein it was held that in exceptional cases where there is error apparent on the face of the records or jurisdictional error or there is miscarriage of justice then the revision petition filed by the private party can also be entertained. Here in the present case it is stated that there is error apparent on the face of the records as the learned court below has given go bye to the general principles with regard to appreciation of evidence.

(3.) IT is made clear that the observations or discussions made above would not in any way influence the mind of the Sessions Judge in coming to a just decision of the case as this Court has not/ passed any comment on the merit but only to show the perversity of the judgment, reference has been made on merit. It is expected that the judgment should be delivered within a period of one month from the date of appearance of the accused persons before the court below, who are hereby directed to appear before the court below by 23rd April, 2001.