INDIRA DEVI Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and the learned counsel for the State as also learned counsel for the respondents 2 to 4.

(2.) The appellant is aggrieved by the Judgement dated 30.06.2014 passed by the learned Additional Sessions Judge-II, Dhanbad, in S.T. No. 287 of 2010/S.T. No. 124 of 2011, whereby the opposite party Nos. 2 to 4, who were facing the trial for the offence under sections 302, 120-B/34 of the Indian Penal Code, have been acquitted of the charge after trial. The informant, who is the mother of the deceased, being aggrieved by the Judgement of acquittal has filed the present appeal.

(3.) The Lower Court Record shows that all the prosecution witnesses, except the informant, had been examined in the case. The order-sheet of the Lower Court and particularly the order dated 24.06.2014 passed by the Court below show that all possible efforts were taken by the Trial Court below for production of the informant in the case, including the issuance of warrant of arrest to the informant, letter to S.P., D.C., Dhanbad, letter to D.G.P., Uttar Pradesh along with warrant of arrest at her permanent address and even the Dasti Summons were given to the I.O. for producing the informant, but in spite of all efforts the informant could not be produced in the Court below for her evidence. Accordingly, the prosecution evidence was closed and on the basis of the evidence available on the record, the Court below has acquitted the accused persons.