RUPLAL MAHTO Vs. STATE OF BIHAR AND ANR.

JUDGEMENT

(1.) This revision has been preferred by informant Ruplal Mahto against the judgment dated 17.6.1996 passed in Sessions Trial No. 99 of 1993 by Sri Subhas Chandra Jha, Addl. Sessions Judge, Bermo at Tenught whereby opposite party No. 2 was not found guilty and acquitted. It appears that opposite party No. 2 was prosecuted for the offence punishable under Ss. 302/201 of the Indian Penal Code for committing the murder of Annu Mahto in village Panchmo, PS Mahuatand, District Bokaro and he got the evidence of the offence to disappear with an intention to screening himself from legal punishment.

(2.) The prosecution case is that on 7.10.1991 Annu Mahato aged about four years, the grand -son of informant, was found missing in the evening and on search his dead body was found in a pond in the eastern, portion of the village and there was suspicion that opposite party No. 2 has committed his murder due to enmity.

(3.) The learned court below in para 6 of the impugned judgment has stated that thirty adjournments were given in this case for the evidence of the prosecution witnesses and Addl. P.P. did not produce any witness for evidence for the prosecution and even dasti summons was handed over to the Addl. P.P. for the evidence of prosecution witnesses besides warrant of arrest bailable and even the letter to the S.P. and D.C., Bokaro for the evidence of the prosecution witnesses went in vain and in this view of the matter, there is no legal evidence on the record and opposite party No. 2 was not found guilty and accordingly acquitted.