SHAMBHU CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Arun Kumar Singh, learned counsel for the appellant and Dr. Mayanand Jha, learned counsel for the State.

(2.) By filing the instant appeal under the proviso to Sec. 372 of the Code of Criminal Procedure, the appellant has challenged the judgement dtd. 16/11/2019 passed in Sessions Trial No. 55 of 2003 by the learned Presiding Officer, Fast Track Court - II, Bhojpur at Ara whereby and whereunder the respondent nos. 2 to 4 have been acquitted of the charges framed against them for the offences punishable under Ss. 324, 326, 341, 307 and 452 read with Sec. 34 of the Indian Penal Code.

(3.) Learned counsel for the appellant submitted that the respondent nos. 2 to 4 were summoned under Sec. 319 of the Code of Criminal Procedure. He contended that in the main trial, altogether 9 witnesses were examined on behalf of the prosecution, out of whom P.W.1 to P.W.6 had fully supported the prosecution case. However, during trial, the Medical Officer, who had examined the victim and the Investigating Officer were not examined. Since they are official witnesses, for their failure to turn up before the court during trial, the case of the appellant ought not to have adversely affected. Lastly, he contended that the judgement of acquittal has been recorded by the Trial Court erroneously without appreciating the fact that no summon were ever served upon the appellant.