Radhe Sah v. The State of Bihar

.... .... Opposite Party /s ====================================================== Appearance : For the Petitioner/s : Mr. Shiva Shankar Sharma, Advocate Mr. Arun Kumar Sinha, Advocate For the O.P. Nos. 2 to 5 : Mr. Subash Sharma, Advocate For the State of Bihar : Mr. S.C. Mishra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 3 24-09-2012 After having heard Mr. Shiva Shankar Sharma, learned counsel appearing on behalf of the petitioner at great length, this Court does not find any legal infirmity or procedural irregularity in the impugned judgment and order dated 17.11.2008 passed in Sessions Trial No. 49 of 2003 by the learned Additional Sessions Judge, F.T.C VI, Saharsa, acquitting the accused- opposite party nos. 2 to 5 for charges under sections 364A/34, 386/34, 323 and 341 of the Indian Penal Code. Learned counsel for the petitioner has assailed the validity of the aforesaid impugned judgment only on the ground that evidence produced on behalf of the prosecution has not been Patna High Court CR. REV. No.21 of 2009 (3) dt.24-09-2012 properly considered by the learned trial court and, therefore, the learned trial court has come to a wrong conclusion. It is well settled that while exercising the revisional jurisdiction, this Court should refrain from reappraising the evidence for coming to the different conclusion than that of the learned trial court. No case for interference is made out. The application stands dismissed. RPS/- (Birendra Prasad Verma, J)