BINDESHAWAR SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN spite of having been noticed, the Opposite Parties No. 2 to 4 have failed to put their appearance and on account thereof only the petitioner as well as learned APP have been heard.

(2.) PETITIONER /informant has challenged the judgment dated 22.01.2003 passed by Sri A.N.K.N Sinha, Presiding Officer, Additional Court No.1, FTC - Vaishali at Hajipur in Sessions Trial No. 62/2005 acquitting the O.P. Nos. 2 to 4.

(3.) IT has been submitted that fair trial is the essence of criminal jurisprudence. It is a sound principle of law that an innocent should not be convicted but simultaneously the guilty should not be let off. By non procurement of appearance of I.O. as well as doctor, the learned lower court virtually left no other option than to acquit the O.P. Nos.2 to 4. So submitted that it is a fit case wherein the matter should be remanded back for evidence of doctor as well as I.O. after setting aside the judgment of acquittal. Also referred 2003 AIAR (Crl) 750, (2008) 14 SCC 658, (2011) 4 SCC 249.