NATHUNI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) INFORMANT /petitioner being aggrieved and dissatisfied with the judgment of acquittal dated 08.05.2003 passed by presiding officer, Additional Court No. 1 (FTC), Sasaram in connection with Sessions Trial No. 284/2002/30/2002 has filed the instant revision petition.

(2.) WHILE assailing the judgment of acquittal it has been submitted on behalf of petitioner that the learned lower court had not considered the evidence adduced on behalf of prosecution under proper perceptiveness. It has further been submitted that process of scrutinizing of the evidence by the learned trial court divulges the pre - occupied mind of the learned P.O. leaning in favour of O.P./accused on account of which, the interest of prosecution is found severely daunt. It has further been submitted that in spite of having sufficient material on record to justify conviction of the Opposite Parties, the aforesaid relevant pieces of evidences have completely been ignored. Further elaborating the points, it has been submitted that the learned lower court misconstrued the legal position that the evidence of hostile witnesses should be brushed aside in its totality. It has further been submitted that had the learned lower court taken the evidence of the hostile witnesses in its entirety, the chain of circumstance might have been found completely fused encircling the OPs to be responsible for causing death of deceased in pre -planned manner.

(3.) IT has further been submitted that PW -9 is found corroborated with PW -10, the informant who, though is a hearsay witness, but his evidence is found consistent with the evidence of PW - 9. He had categorically stated whatever conveyed to him by PW -9 which is found corroborated by PW -9. It has further been submitted that there happens to be no controversy with regard to death of deceased, Arun Kumar Singh. It is also apparent that PW -9 had supported the theme of last seen and on account thereof, it was incumbent upon the accused to have explained during course of statement recorded under Section 313 of the Cr.P.C. Having not been explained on their part is a circumstance which will go against the accused and on account thereof, in the totality of the event the case is found fully proved. Therefore, the judgment of acquittal recorded by the learned lower court is bad, illegal, perverse and is fit to be set aside.