BADRI TURI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant appeal is against the judgment and order of acquittal dtd. 28/7/2012 passed by the learned District and Additional Sessions Judge-II, Giridih in S.T. No.412/04 arising out of Bengabad P.S. Case No.58/04 corresponding to G.R. No.1165/04, whereby and whereunder, the respondent nos.2 and 3, namely, Manoj Paswan and Naresh Paswan respectively have been acquitted of the charge under Sec. 302/34 of the Indian Penal Code.

(2.) The prosecution version, as per the first information report reads as under:-

(3.) The learned trial Court while passing the judgment of acquittal has considered the testimony of the informant, i.e., P.W.11, testimony of eye witness, i.e., P.W.8, namely, Satya Narain Singh, the Doctor, i.e., P.W.7 and the Investigating Officer, i.e., P.W.9. The learned trial Court while discussing the testimonies, has taken into consideration the version of the informant, basis upon which, the first information report was recorded by disclosing the name of Ramnath Rai, his son Murari Rai and Bhola Rai by making disclosure of their involvement in the commission of said crime due to previous land dispute.