BINDO MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and the learned Additional Public Prosecutor for the State.

(2.) This Special Leave to Appeal, under Section 378(4) of the Code of Criminal Procedure, has been filed on behalf of the appellant, seeking leave to file appeal against the Judgment and Order dated 01.04.2017 passed in Trial No.99 of 2017, arising out of Complaint Case No.155C of 2009, whereby and whereunder the court of Sri Jigar Shah, learned Judicial Magistrate, First Class, Sheikhpura, acquitted the respondent nos.2 to 5 of the charges framed against them under Sections 147, 148, 149, 323, 337, 448 and 379/34 of the Indian Penal Code, arriving at the conclusion that the prosecution has not been able to prove the charge framed against them under the aforesaid Sections.

(3.) From perusal of the impugned Judgment and Order, it appears that the learned Judicial Magistrate, First Class, Sheikhpura, has discussed the evidence, as adduced on behalf of the prosecution, in detail and arrived at the conclusion that the prosecution has not been able to prove its case against the respondent nos.2 to 5 and, accordingly, acquitted them of the charges framed against them under Sections 147, 148, 149, 323, 337, 448 and 379/34 of the Indian Penal Code.