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2022 Supreme(Pat) 483

CHAKRADHARI SHARAN SINGH, KHATIM REZA
Md. Kaleem @ Rinku – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant : M/s Ranjeet Kumar, Kanishk Kaushtubh, Ayush Kumar.
For the State : M/s Ashwani Kumar Sinha, Abhimanyu Sharma.
For Resp. No. 2 and 3 : Mr. Y.V. Giri, Sr. Adv., Pranav Kumar.

CHAKRADHARI SHARAN SINGH, J.:–In the present appeal filed under the proviso to Section 372 of the Code of Criminal Procedure, 1973 (Cr.P.C., for brevity), the appellant has assailed a judgment dated 07.09.2019 passed by the learned Additional District and Sessions Judge-III, Purnea in Sessions Trial No. 91 of 2018 (T.R. No. 02/2018), whereby, the respondents No. 2 and 3 herein have been acquitted of charge of commission of offences punishable under Sections 148, 341, 323, 302 read with 149 of the Indian Penal Code ('I.P.C.' for short) and Section 27 of the Arms Act.

2. We have heard Mr. Ranjeet Kumar, learned counsel appearing on behalf of the appellant and Mr. Y.V. Giri, learned Senior Counsel appearing on behalf of respondents No. 2 and 3. Mr. Abhimanyu Sharma, learned Additional Public Prosecutor has represented the State.

3. The appellant herein is the informant (P.W.-4) of Sadar P.S. Case No. 529 of 2017, registered on 04.10.2017, based on written report of the informant/appellant addressed to the officer-in-charge, Sadar, Police Station, Purnea. It is manifest from the lower court records that the information was received by the police at 4:30 a.m. on 04.10.2017. Distance of th

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