Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.701 of 2012 ====================================================== Balmiki Singh son of Late Raj Kumar Singh, resident of village Hadsa, P.S.Hisua, District Nawada .... .... Appellant/s Versus 1. The State Of Bihar 2. Rajendra Rajbanshi @ Palia Bala son of Late Maho Rajbashi. Resident of village Mahadeo Bigha, P.S.Hisua, District Nawada 3. Tanuj Singh son of Saryoo Singh and 4. Aijay Sao @ Lodha Son of Mathura Singh, both are resident of village Hadsa, P.S.Hisua, District Nawada .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Pramod Kumar Verma, Advocate For the Respondent/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA And HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) ------------ 7 30-11-2012 The appellant initially filed Cr.Revision against the order of acquittal but by order dated 07.05.2012 the revision was converted into Cr.Appeal which is before us. The appellant has challenged the judgment dated 11.01.2012 passed by Sri Rajiv Srivastava, Additional Sessions Judge I, Nawada in Sessions Trial No. 10 of 2003/156 of 2003 arising out of Hisua P.S.Case No. 43 of 2001/G.R.Case No. 557 of 2001 whereby the accused persons (respondent nos. 2 to 4) have been acquitted of the charges under [STATUTE] . The F.I.R. was registered and it was alleged that the victim Suresh Singh went out from the house and after 5 to 6 days Patna High Court CR. APP (DB) No.701 of 2012 (7) dt.30-11-2012 2 his dead body was recovered. The role of Rajendra Rajbanshi alias Palia Bala and Raj Kumar Rajbanshi were suspected. Though the case was registered under [STATUTE] also but the chargesheet was not submitted under that Section. The trial court after considering the evidences found a number of lacuna in the prosecution version, so the order of acquittal was recorded. Learned counsel for the appellant has assailed the judgment and has submitted that the witnesses have supported the prosecution version but the accused persons have been left out. We have heard the submission and perused the judgment. No motive was brought on record. It has come that victim Suresh Singh was issueless and was having no enmity with others. Therefore, there was no evidence to say as to whether any persons was having any motive to cause death and also there was no occasion for the informant to keep mum between 23.04.2001 to 30.04.2001 i.e. the date of elopement of Suresh Singh and the date of lodging the F.I.R. The delay in lodging the F.I.R. was too long which has created enough doubt in the prosecution version. Thus, after perusing the entire materials on record, we are of the view that the order of acquittal is based on reasoning Patna High Court CR. APP (DB) No.701 of 2012 (7) dt.30-11-2012 3 and does not suffer from any illegality or irregularity. Accordingly, this appeal is dismissed Tahir/- (Shyam Kishore Sharma, J) (Amaresh Kumar Lal, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.