LAWS(PAT)-2018-2-145

NILESH KUMAR Vs. STATE OF BIHAR AND OTHERS

Decided On February 07, 2018
NILESH KUMAR Appellant
V/S
State of Bihar and Others Respondents

JUDGEMENT

(1.) Heard learned counsel appearing for the appellant, learned counsel appearing for the respondent no. 2 as well as learned Additional Public Prosecutor for the State.

(2.) This criminal appeal has been preferred against the Judgment of acquittal dated 04.08.2017 passed in Sessions Trial No. 114 of 2015, by which and whereunder, the learned Ist Additional Sessions Judge, Naugachia, Bhagalpur, acquitted the respondent no. 2 of the charges framed against him under Sections 304B and 201/34 of the Indian Penal Code.

(3.) Learned counsel for the appellant submits that the learned trial court without ascertaining the service of summon upon the informant, closed the prosecution case in very hurried manner and acquitted the respondent no.2. He also submits that the learned trial court did not take any pain to get the informant and other witnesses examined in course of trial and, therefore, the impugned Judgment of acquittal cannot be sustained in the eye of law.