Informant's revision against acquittal in a murder trial was dismissed. The High Court found no eye witness among the nineteen prosecution witnesses, most were hostile, and the trial court correctly evaluated the evidence; the acquittal was held proper and without illegality.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No. 89 of 2009
Md. Nasim Hussain, son of late Salamat Hussain, resident of villagePawapur, P.O. and P.S.Hariharpur (Gomo), District- Dhanbad. ... Petitioner(s)
Versus
…...Opp. Party(s)
CORAM : SRI ANANDA SEN, J. : SRI GAUTAM KUMAR CHOUDHARY, J. -----For the Appellant(s) : Mr. Yogesh Modi, Advocate. For the State : Mr. Prabir Chatterjee, Spl. P.P..
11/06.08.2024:
Heard the parties.
Petrol Pump has stated that he was sleeping and on the sound of explosion, he woke up and found the deceased lying in injured condition. He has also been declared hostile stating that he does not have any knowledge as to how the deceased died. The person who gave information to the father of the deceased about the incident has also not stated that he has seen the accused committing the crime. The other witnesses though stated that they reached the place of occurrence after hearing hue and cry and stated that it is Rinku Singh, who has committed murder of the deceased, but none of these witnesses have stated that they have seen the occurrence. Though the witnesses have stated that it is Rinku Singh, who committed the murdered of the deceased, but they admit that they are not the eye witnesses. From the evidence, we find that there is no eye witness to the said occurrence.
Further, it is well settled principle that when two views are possible, the view, which is taken by the Trial Court has to be supported.
In this case, we find that it is also not a case where there is an alternative view. The only view considering the evidence, is that there is no eye witness of the occurrence thus the accused (Rakesh Kumar Singh @ Rinku Singh) has to be acquitted, which has been done in this case. 8. Thus, we find no merit in this case. Accordingly, this Revision Petition is dismissed being devoid of merit.
(ANANDA SEN, J.)
(GAUTAM KUMAR CHOUDHARY, J.)
Anu/Cp3.
1 issue framed by the court
Whether the revisional court should interfere with the trial court's acquittal where no eye witness to the murder was examined.
1 provisions across 1 enactments
Md. Nasim Hussain
The State of Jharkhand
Rakesh Kumar Singh @ Rinku Singh
Ananda Sen
Gautam Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
