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2022 Supreme(Pat) 1147

CHAKRADHARI SHARAN SINGH, KHATIM REZA
Sugreev Mahto, Son of Late Saryug Mahto – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellants :Mr Sanjay Kumar, Advocate
For the Respondents: Mr Abhimanyu Sharma, APP

JUDGMENT :

Chakradhari Sharan Singh, J.

This is an appeal under Section 372 of the Cr.P.C. putting to challenge a judgment dated 17.02.2019 passed by the learned Additional Sessions Judge-V, Patna City, in Sessions Trial No. 464 of 2008/2465 of 2008, whereby respondents No. 2 to 5 have been acquitted of the charges of commission of offences punishable under Sections 302/34 and 364/34 of the Indian Penal Code. The said sessions trial had arisen out of Khusrupur P.S. Case No. 102 of 2007 on 24.10.2007 levelling commission of an offence punishable under Section 364/34 of the I.P.C. of which the appellant is the informant.

2. A written report of the appellant was the basis for registration of the said Khusrupur P.S. Case No. 102 of 2007. He asserted in his written report that at the relevant point of time, he was sitting in his house when respondent No. 3 (Ram Nandan Mahto) came and invited his younger brother (the deceased) to accompany him for eating bread and fish. Respondent No. 2 told the informant that he was taking his brother (the deceased) to a hut situate near the eastern side of a community hall. The informant is said to have followed them and seen them in the shed with other p

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