TRIPESH KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present criminal revision petition has been preferred against the judgment dtd. 1/12/2017 passed by learned Fast Track Court, Vaishali at Hajipur in Criminal Appeal No. 21 of 2003, whereby learned Appellate Court has set aside the judgment of conviction and order of sentence dtd. 10/3/2003 passed by learned Judicial Magistrate Ist Class, Vaishali at Hajipur who has convicted the O.P. Nos. 2, 3 and 4 herein under Sec. 324 read with Sec. 34 of the Indian Penal Code and sentenced accordingly. Factual background

(2.) The factual background of the case is that on the fardbeyan of the victim/informant Ramjee Singh, Lalganj P.S. Case No. 138 of 1995 was registered for the offences punishable under Ss. 341, 323, 324 and 326 read with Sec. 34 of the Indian Penal Code against the accused persons including Opposite Parties Nos. 2, 3 and 4 herein.

(3.) During the trial arising out of Lalganj P.S. Case No. 138 of 1995, learned Trial Court has convicted the accused, who are opposite parties herein, under Sec. 324 read with Sec. 34 of the Indian Penal Code and one co-accused was acquitted of all the charges. Thereafter, convicts who are O.P. Nos.2, 3 and 4 herein preferred Criminal Appeal bearing No. 21 of 2003 before the Court of Sessions, which was disposed of by learned Fast Track Court, Vaishali at Hajipur vide impugned judgment dtd. 1/12/2017. The learned Appellate Court allowed the appeal acquitting the convicts of all the charges. Hence, the son of the victim/informant/Ramjee Singh has preferred the present Criminal Revision against the judgment of acquittal passed by learned Appellate Court below. Submissions of the parties