Vijay Kumar Chaudhary vs The State Of Bihar
2023 Latest Caselaw 84 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CRIMINAL APPEAL (DB) No.1524 of 2019
       Arising Out of PS. Case No.-102 Year-2014 Thana- PHULWARIYA District- Gopalganj
     ======================================================

Vijay Kumar Chaudhary Son of Kishore Chaudhary Resident of Village- Bathuwa Bazar, P.S.- Phulwariya, District- Gopalganj.

... ... Appellant/s Versus

1. The State Of Bihar

2. Chhotelal @ Chottu Manjhi Son of Videshi Manjhi Resident of Village-

Balepur Gadditola, P.S.- Fulwariya, District- Gopalganj.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Prince Kumar Mishra, Advocate For the Respondent/s : Mr. Manish Kumar No2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH)

Date : 04-01-2023 This appeal has been preferred under Section 372 of the

Cr.P.C. putting to challenge the judgment dated 30.09.2019 passed

in Sessions Trial No. 265 of 2015, arising out of Phulwariya P.S.

Case No. 102 of 2014, by the learned VIth Additional Sessions

Judge, Gopalganj, acquitting the respondent No.2 of the charge for

the offence punishable under Section 395 of the Indian Penal

Code.

Learned counsel appearing on behalf of the appellant

has very fairly drawn our attention to a judgment of this Court

dated 08.01.2020 passed in Cr. App. (DB) No. 1459 of 2019, Patna High Court CR. APP (DB) No.1524 of 2019 dt.04-01-2023

whereby this Court has dismissed an appeal against acquittal filed

by the present appellant in a case arising out of the same

Phulwariya P.S. Case No. 102 of 2014. Two separate appeals

came to be filed by the same appellant as two separate judgments

of acquittal were delivered by the learned Trial Court.

There is nothing in the present appeal against acquittal

of respondent No. 2 to distinguish it from the case against

respondent No. 2, Dinesh Manjhi, of Cr. App. (DB) No. 1459 of

2019.

Considering the facts and circumstances, particularly the

fact that an appeal against acquittal of Dinesh Manjhi has been

dismissed by this Court, this appeal is also dismissed.

(Chakradhari Sharan Singh, J)

(Rajesh Kumar Verma, J) Pawan/-

AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date           10.01.2023
Transmission Date        10.01.2023