JUDGMENT :

Ashwani Kumar Singh, J.

Respondent Nos. 2 to 4 were tried in Sessions Trial No. 153 of 2015 arising out of Barhara P.S. Case No.71 of 2014 in the Court of Sessions Judge, Bhojpur, Ara for having committed an offence punishable under Section 302/34 of the Indian Penal Code (for short ‘IPC’) and were acquitted of the charges levelled against them vide judgment dated 22.09.2017. The informant being a victim in terms of Section 2(wa) of the Code of Criminal Procedure (for short ‘Cr.P.C’) has challenged the judgment of acquittal in the present appeal filed under proviso to Section 372 of the Cr.P.C.

2. The First Information Report (for short ‘FIR’) of Barhara P.S. Case No. 71 of 2014 dated 26.04.2014 was registered under Section 302/34 of the IPC on the basis of oral statement of the informant (appellant) Yogendra Rai recorded on 26.04.2014 at 5:40 a.m. in Sadar Hospital, Ara by Jahangir Ansari, S.H.O., Barhara Police Station.

3. In his oral statement, the informant stated that on 25.04.2014 at 5:30 p.m. his father Kesho Rai had gone to Sabalpur market near the bus stand for