RAGHUNATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Amicus Curiae and learned counsel for the State.

(2.) This Cr. Appeal is directed against the order of acquittal recorded by the judicial Magistrate Ist Class, Siwan, in Complaint Case No. 957/93 with regard to offence under Sections 147, 225 and 379 of Indian Penal Code.

(3.) The prosecution case is with regard to theft 2 of boring pipe after uprooting it. From perusal of the record, it appears that earlier F.I.R. was lodged with regard to theft of boring pipe. Final Form submitted. The case proceeded on Protest-cum-Complaint petition treating a complaint case. The witnesses were examined during trial. Trial court taking into consideration the evidence held that it is quite improbable that 65 feet pipe was taken away, but there is no mentioned that where the pipe was taken nor pipe was recovered. Hence acquitted the accused persons holding that prosecution has not been able to prove the charges.