RAJENDRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and Ms. Shashi Bala Verma, learned Additional P.P., for the State.

(2.) The present appeal has been preferred for setting aside the judgment of acquittal dtd. 18/12/2023 passed by learned Additional Sessions Judge-III, Kaimur at Bhabua in Sessions Trial No. 130 of 2016, arising out of Bhagwanpur P.S. Case No. 145 of 2014 (State vs. Santosh Yadav and Ors.) whereby and whereunder the learned trial court has been pleased to conclude that the prosecution has miserably failed to prove its case beyond reasonable doubt. Having said so, the learned trial court has acquitted the accused persons-respondents by giving them benefit of doubt from the charges under Ss. 302/34, 201/34 and 120B/34 Indian Penal Code (in short 'IPC').

(3.) As per the prosecution story, on 18/9/2014 the nephew of the informant went to Mundeshwari temple but did not return till 5/10/2014. After 17-18 days, the informant received an information that a half dead body has been found at the bank of Suwara river and thereafter he went for verification of the same and identified the dead body as of his nephew Dinesh Yadav by the cloths of the deceased. The informant alleged that the accused persons, namely, Santosh Yadav, Suresh Yadav, Subash Yadav, Ashok Yadav and Chandrawati Devi killed his nephew due to prior enmity and disposed the dead body into the river.