AWADH BIHARI THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and also learned counsel for opposite parties Nos. 2 and 3.

(2.) This revision application is directed against the judgment of acquittal dated 30th November, 1992 passed by 3rd Additional Sessions Judge, Ara (Bhojpur) in Sessions Trial No. 151 of 1986 acquitting the accused opposite parties Nos. 2 and 3 of the charges under Sections 307, 452/34 of the Indian Penal Code.

(3.) Learned counsel appearing on behalf of the petitioner submitted that the learned trial Court has not appreciated the evidence in correct perspective of the case and has arrived at a wrong conclusion holding that the prosecution has failed to bring home the charges against the accused persons. Learned counsel, therefore, submitted that the impugned judgment suffer from inherent infirmities and the same is not sustainable in law. Learned counsel appearing on behalf of opposite parties Nos. 2 and 3 contended that the learned trial Court has taken into consideration both oral as well as ocular evidence, and has taken a view that the prosecution has not proved the charges against the accused persons. Learned counsel further submitted that there was case and counter case and in the counter case Rameshwar Thakur was killed and the informant along with his family members had faced trial in that case.