SHAMBHU PRASAD PODDAR @ HARICHANDRA PODDAR Vs. SANJAY PODDAR

JUDGEMENT

(1.) PETITIONER /Informant has challenged the judgment of acquittal dated 10.10.2002 passed by Sri A.S. Lal, Presiding Officer, 1st, Fast Track Court, Samastipur in Sessions Trial No.301 of 1993 / 15 of 2001 acquitting Opposite Party No.1 and 2.

(2.) IT has been submitted on behalf of petitioner that learned lower court had not appreciated the evidence adduced on behalf of prosecution during course of conduction of trial as well as did not record sound reasoning for disapproving the same. The learned lower court failed to consider that it was a case based upon circumstantial evidence that too on last seen theory. PW 1, PW 2, PW 3 and PW 4 were examined on last seen theory. The remaining witnesses were corroborative in nature. PW 11, the doctor who held postmortem over deceased probablized the closed proximity in between the time of disappearance in consonance with the time of death without giving any occasion to the stranger an opportunity to access. Therefore, instead of acquitting the Opposite Party Nos. 1 and 2 the learned lower court should have found him guilty.

(3.) ON the other hand, the learned lawyer for the Opposite Party submitted that the learned lower court had minutely observed evidence adduced on behalf of prosecution to search out whether chain of link is found to be inter connected in such manner pointing out guilt of O.Ps. It has further been submitted that none of the prosecution witness save and except PW 1 to 4 are a witness to last seen. PW 1 to 4, apart from being a chance witness, from their own conduct has shown their unreliability. Hence their evidence has rightly been discarded by the learned lower court.