Kundan Gope @ Kundan Yadav @ Kundan ... vs The State Of Jharkhand And Ors
2023 Latest Caselaw 760 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
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Acquittal Appeal (DB) No. 8 of 2019

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Kundan Gope @ Kundan Yadav @ Kundan Kumar Yadav ... ... Appellant Versus The State of Jharkhand and Ors. ... ... Respondents

PRESENT HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE SUBHASH CHAND .....

For the Appellant : Mr. Dhirendra Kr. Deo, Advocate For the Respondent-State : Mr. Pankaj Kumar, PP .....

ORAL ORDER 08/Dated: 13th February, 2023

1. The instant appeal under Section 372 of the Code of Criminal Procedure is against the judgment of acquittal dated 04.10.2018 passed by District and Additional Sessions Judge, III, Hazaribagh in Sessions Trial No. 17 of 2011, whereby and whereunder, the learned trial court after coming to the conclusion that the prosecution has failed to prove the charge beyond all shadow of doubt, has passed the judgment of acquittal, which is the subject matter of the instant appeal.

2. The prosecution in order to prove the charge has examined only one witness, i.e., the informant himself, namely, Kundan Gope and no other witness has been examined.

3. Learned counsel for the appellant has submitted that on the one hand no steps have been taken by the learned trial court for securing the appearance of the Investigating Officer and the Doctor while on the other hand, the learned trial court without passing any effective order for securing their presence, has passed the judgment of acquittal which suffers from material irregularity/illegality.

4. This Court, in order to appreciate the argument advance on behalf of the appellant, more particularly, the contention of the prosecution that

as to why the Investigating Officer, Doctor and the official witnesses have not been produced for their examination, deems it fit and proper to first go through the lower court record.

5. Accordingly, let the lower court record be called for.

6. Let this order be communicated to the court concerned, through fax, forthwith.

7. Let this matter be listed on 20.02.2023 along with the LCR.

(Sujit Narayan Prasad, J.)

(Subhash Chand, J.)

Saurabh /