JUDGMENT

Ashwani Kumar Singh, J. - Heard Mr. Arun Kumar Singh, learned counsel for the appellant and Dr. Mayanand Jha, learned counsel for the State.

2. By filing the instant appeal under the proviso to Section 372 of the Code of Criminal Procedure, the appellant has challenged the judgement dated 16.11.2019 passed in Sessions Trial No. 55 of 2003 by the learned Presiding Officer, Fast Track Court - II, Bhojpur at Ara whereby and whereunder the respondent nos. 2 to 4 have been acquitted of the charges framed against them for the offences punishable under Sections 324, 326, 341, 307 and 452 read with Section 34 of the Indian Penal Code.

3. Learned counsel for the appellant submitted that the respondent nos. 2 to 4 were summoned under Section 319 of the Code of Criminal Procedure. He contended that in the main trial, altogether 9 witnesses were examined on behalf of the prosecution, out of whom P.W.1 to P.W.6 had fully supported the prosecution case. However, during trial, the Medical Officer, who had examined the victim and the Investigating Officer were not examined. Since they are official witnesses, for their failure to turn up before the court during trial, the case of the appellan