Bhukhal Sahni v. State of Bihar

For the Petitioner/s : Mr. Amar Nath Jha, Adv. For the Opp. Party/s : Mr. D.P.Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 2 Patna High Court CR. REV. No.648 of 2010 (2) dt.22-06-2012 2 22-06-2012 Heard. The petitioner, being aggrieved by the judgment and order dated 17th March 2010 passed in Sessions Trial No. 178 of 1997 by the learned Additional Sessions Judge, Fast Track Court-V, Saharsa, acquitting Opposite Party Nos. 2 to 13 for the charges framed against them, has preferred the present application questioning the validity and correctness of impugned judgment. Admittedly, the criminal prosecution against Opposite Party Nos. 2 to 13 was initiated as far back as in 1994 and case was committed to the court of Sessions on 28th November 1997. Trial of the Opposite Party Nos. 2 to 13 remained pending for almost 13 years, yet the prosecution could produce only one witness on 18th August 2009, on which date he was examined-in- chief and was cross- examined in part. The case was adjourned for next date for his further cross-examination, but even on that date, aforesaid P.W. 1 did not turn up for further cross-examination. No other witness was examined by the prosecution. Consequently, the impugned judgment has been passed by the learned trial court acquitting Opposite Party Nos. 2 to 13 from all the charges. Having heard the learned counsel for the parties, this Court does not find any illegality, irregularity or impropriety in acquitting Opposite Party Nos. 2 to 13 by the learned trial court. Consequently, the application fails and is accordingly dismissed. (Birendra Prasad Verma, J) BTiwary/-