VINOD CHANDRA THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing for the appellant as well as learned Additional Public Prosecutor representing the State, on the point of admission and in our view, this appeal can be disposed of on the admission stage itself.

(2.) Appellant happens to be the son of the deceased as well as the informant and is aggrieved by the impugned judgment of acquittal dated 23.2.2017, passed by the Additional Sessions Judge-II, Madhubani in Sessions Trial No. 336 of 2015 by which and whereunder the learned Additional Sessions Judge-II, Madhubani acquitted respondents no. 2 and 3 of the charge framed under sections 302/34 of the Indian Penal Code.

(3.) The informant, Manda Devi gave her fard beyan before the concerned police official on 7.6.2014 to this effect that on 5.6.2014 at about 6 PM her husband was badly assaulted by respondents no. 2, 3 and some other persons. On the basis of the fard beyan of the informant, Arer Police Station Case No. 64 of 2014 was registered against respondents no. 2, 3 and others on 17.6.2014. Investigation commenced and after investigation police submitted charge sheet against respondents no. 2 and 3 for the offence punishable under sections 302/34 of the Indian Penal Code, whereas remaining FIR named accused persons were not sent up for trial. However, the case of respondents no.2 and 3 was committed to the Court of session and accordingly respondents no.2 and 3 stood charged for the offence punishable under sections 302/34 of the IPC.