VIJAY KUMAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Informant of Amnaur P.S. Case No. 71 of 1998 has filed this application assailing the judgment dated 24.09.2012 passed by the Sessions Judge, Saran at Chapra in Sessions Trial No. 439 of 2007, whereunder private respondent nos. 2 to 9 have been acquitted of the charges under Sections 302/149 and other allied Sections of the Penal Code including Sec. 27 of the Arms Act.

(3.) Challenge to the aforesaid judgment is raised primarily on the ground that the proceedings in sessions trial was conducted without service of notice for appearance of the prosecution witnesses and thereby informant and other important witnesses including officials could not appear to support the charges and result being that the prosecution failed as the three prosecution witnesses examined on 07.09.2007, 02.11.2007 and 04.02.2009 did not support the charges levelled against the respondents. It is submitted that the informant and other eye witnesses including official witnesses i.e. the Doctor and the Investigating Officer could not be examined as summons for their appearance was never served on them.