ANIL PRASAD YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing for the appellant as well as learned Additional Public Prosecutor appearing for the State on the stage of admission.

(2.) This criminal appeal has been preferred against the impugned Judgment dated 17.11.2017 passed in Sessions Trial No.460 of 2011/C.I.S. 273 of 2014, whereunder the learned 11 th Additional Sessions Judge, Saran at Chapra, acquitted the respondent nos.2 to 4 of the charges framed against them for the offences under Sections 302 / 34 of the Indian Penal Code.

(3.) Learned counsel appearing for the appellant submits that, initially, on the basis of the written report of the appellant, Dariyapur P.S. Case No.45 of 2009 was instituted against the respondent nos.2 to 4 for the offences under Sections 302 / 34 of the Indian Penal Code for committing the murder of the deceased Dharmanath Rai but on investigation, the police submitted the final form in the above stated Dariyapur P.S. Case No.45 of 2009. Thereafter, on protest, filed by the appellant, who was the informant in the above stated Dariyapur P.S. Case No.45 of 2009, the case was proceeded. While the witnesses, examined in course of the trial, supported the prosecution case but the learned 11th Additional Sessions Judge, Saran at Chapra, illegally disbelieved the evidence, led by the prosecution, and acquitted the respondent nos.2 to 4 of the charges under Sections 302 / 34 of the Indian Penal Code.