Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1290 of 2008 ====================================================== Prakash Singh S/o late Ram Sundar Singh, R/o village- Amani, P.S.- Mansi, District- Khagaria .... .... Petitioner/s Versus 1. The State Of Bihar 2. Lal Bihari Singh S/o Bindeshwari Singh 3. Krishn Kumar Singh 4. Hare Ram Singh 5. Dharmendra Singh, O.P. 3 to 5 are S/o Raghu Singh, all R/o village- Amani, P.S.- Mansi, District- Khagaria .... .... Opposite party /s ====================================================== Appearance : For the Petitioner/s : Mr. Radhe Shyam Prasad, Advocate Mr. Paveen Kumar Agrawal, Advocate For the State of Bihar : M/s. Dr. Indiwar Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 3 07-09-2012 By the impugned judgment and order dated 12th August, 2008 passed in Sessions Case No. 85 of 2005 by the learned Additional Sessions Judge, F.T.C.III, Khagaria, a judgment of acquittal has been recorded in favour of accused- opposite party nos. 2 to 5 for the charges under [STATUTE] as also under section 27 of the Arms Act. The occurrence in question is said to have been taken place on 8.12.1999 at about 9.30 P.M. On close of investigation chargesheet was submitted, cognizance was taken by the learned Judicial Magistrate and accused-opposite party nos. 2 to 5 were put on trial. The learned trial court framed charge against the accused persons as indicated above in the year 2005. In the Patna High Court CR. REV. No.1290 of 2008 (3) dt.07-09-2012 2/3 chargesheet altogether nine witnesses were cited to be examined on behalf of the prosecution in support of the prosecution case. Though case was committed to the court of sessions and charge was framed against accused opposite party nos. 2 to 5 in the year 2005, and matter remain pending for almost three years before the learned trial court, yet out of nine witnesses, named in the chargesheet, only three witnesses appeared in support of the prosecution case and were examined as P. Ws. 1, 2 and 3. P.W.- 3 Neel Kamal Kumar is said to be the eye witness of the alleged occurrence, but he did not support the prosecution case and as such he was declared hostile. P. Ws. 1 and 2 were also declared hostile. Apparently, other material witnesses were not produced during the course of trial. The learned trial court has recorded a finding of fact that all coercive steps were taken against the remaining witnesses for their production, and even warrant of arrest was issued against them, but the warrant of arrest could not be executed, as the witnesses were not available at their permanent abode. From the findings of the learned trial court, it appears that neither the doctor, who conducted the postmortem examination upon the deceased, nor the I.O., who investigated the case and submitted chargesheet, was examined. Unfortunately, the petitioner, who is Patna High Court CR. REV. No.1290 of 2008 (3) dt.07-09-2012 3/3 the informant of the criminal case, also did not turn up for recording his evidence during the course of trial. In the aforesaid factual background, the learned trial court closed the prosecution case and subsequently passed the impugned judgment of acquittal. If the court had exhausted all the remedies for securing the presence of the witnesses, and despite all coercive measures, if the witnesses including the informant had chosen not to appear before the court as witness, then the learned trial court was left with no option, but to close the prosecution case and dispose of the criminal trial against the accused persons. After having heard the learned counsel for the petitioner and the learned Additional Public Prosecutor, this Court does not find any legal infirmity or procedural irregularity in the impugned judgment of acquittal. Consequently, the application fails and is, accordingly, dismissed. RPS/- (Birendra Prasad Verma, 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.