Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No 170 of 2012 ====================================================== 1. Shrawan Kumar Mishra S/O Narendra Mishra Resident Of Mohalla- Dhwaja Gali, Sultanganj, P.S.- Sultanganj, District- Bhagalpur .... .... Appellant/s Versus 1. The State Of Bihar 2. Baleshwar Yadav @ Balla Yadav S/O Chamru Yadav Resident Of Bishahri Asthan, Sultanganj, P.S.- Sultanganj, District- Bhagalpur, R/O Mohalla- Dhwajagali, P.S.- Sultanganj, District- Bhagalpur 3. Purushottam Mishra s/o Shashi Mishra r/o Mohalla – Dhwajagali, PS – Sultanganj, District - Bhagalpur .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr Vivekanand Vivek, Advocate For the Respondent/s : Mr ====================================================== CORAM: HON’BLE MR JUSTICE NAVANITI PRASAD SINGH AND HON’BLE MR JUSTICE ASHWANI KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) 3 27-02-2012 This is an appeal under Section 372 of Criminal Procedure Code against acquittal. The respondents were charged under [STATUTE] and have been acquitted. We have perused the judgment and heard the learned counsel. In our view, the judgment does not call for any interference. The material witnesses, the brothers of the deceased have made vital contradictions in evidences as against each other. Trial Court, in our view, has rightly come to a finding that there is no eye witness to the occurrence. There has been a delay of over Patna High Court CR. APP (DB) No.170 of 2012 (3) dt.27-02-2012 2 12 years in lodging the Fardbayan and over several days in sending it to the Court. The Investigating Officer has not been examined. Inquest report has not been brought on record. In that view of the matter, we are not inclined to interfere. This appeal is, accordingly, dismissed. M.E.H./- (Navaniti Prasad Singh) (Ashwani Kumar Singh)

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.