SHYAM SUNDER SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing for the appellant in Criminal Appeal (DB) No.522 of 2018 as well as learned counsel appearing for the respondent nos.2 and 3 in the aforesaid criminal appeal. Also, heard learned Additional Public Prosecutor for the State on the point of admission as well as I.A. No.1525 of 2018, which has been filed under Sec. 378(3) of the Code of Criminal Procedure.

(2.) I.A. No.1525 of 2018 has been filed on behalf of the appellant in Criminal Appeal (DB) No.522 of 2018, who happens to be the father of the deceased, praying therein for grant of leave to file and pursue this appeal. He comes under the ambit of the victim and has right to challenge the Judgment of acquittal. Accordingly, I.A. No.1525 of 2018 is allowed and the appellant in Criminal Appeal (DB) No.522 of 2018 is permitted to pursue this appeal.

(3.) Criminal Appeal (DB) No.522 of 2018 as well as Criminal Appeal (SJ) No.728 of 2018 have been preferred against the Judgment dtd. 26/2/2018 passed in Sessions Trial No.252 of 2008/22 of 2017 by the learned Fast Track Court-I, Madhubani, and that is why learned Single Judge vide order dtd. 9/7/2018 passed in Criminal Appeal (SJ) No.728 of 2018, directed the office to list the aforesaid Criminal Appeal (SJ) No.728 of 2018 with Criminal Appeal (DB) No.522 of 2018 and, accordingly, both the above stated criminal appeals have been listed together.