MD. WASIR Vs. STATE OF BIHAR.

JUDGEMENT

(1.) PETITIONER / informant being aggrieved by judgment dated 13.09.2002 passed by Additional Sessions Judge, Vth, Saran at Chapra in Sessions Trial No.269 of 1994 acquitting the Opposite Party Nos.2 to 6 from the charges framed against them for an offence punishable under Section 307, 149 and 452 of the Indian Penal Code, Section 4/5 of the Explosive Substance Act has challenged the same under instant revision petition.

(2.) WHILE assailing the judgment impugned, it has been submitted that in this case altogether seven PWs have been examined out of whom PW-1 to 5 happens to be the material witness and from perusal of their evidence it is apparent that they have consistently supported the case of the prosecution. It has further been submitted that learned trial court had dealt with the evidence of these PWs in cryptic manner without discussing and appreciating that all of them have clearly stated with regard to the occurrence committed at the hands of Opposite Party Nos.2 to 6. It has also been submitted that non-examination of doctor did not suggest any sort of infirmity in the prosecution case on account of sustaining of injury by brick batting. In likewise manner, it has also been argued that non-examination of I.O. had not caused prejudice to the interest of Opposite Party Nos.2 to 6 on account of consistent version of the prosecution witnesses positively pinpointing the place of occurrence as well as having absence of material contradiction in the evidence of the PWs.

(3.) THE learned Additional Public Prosecutor endorsed the view.