JUDGMENT :

Sujit Narayan Prasad, J.

The matter has been heard at length with the consent of learned Addl. Public Prosecutor and the same is being disposed of. However, none represented the respondents.

2. The instant appeal preferred by the State-appellant is against the judgment of acquittal dated 08.08.1994 passed in Sessions Trial No.140 of 1987 by the 6th Additional Sessions Judge, Dhanbad.

3. This Court before scrutinizing the legality and propriety of the impugned judgment of acquittal, deems it fit and proper to refer the prosecution story in brief as per the statement made by the informant in the fardbeyan, wherein, it has been reported that on 22.05.1985 at 10:00 a.m., the informant along with his son Md. Anjar and his companion Md. Nasiruddin, were going to bring medicine for his ailing daughter. They were passing through Kawaripatti Mohalla. When they reached in the said Mohalla near the book shop of Sri Jauhar, the family members of Md. Hafiz and his men all of a sudden fell upon them. Among them, the informant could identify Md. Tarique @ Romi, Hanif both sons and brother respectively of Md. Hafiz, Sahabuddin @ Sahab, Bhagna of Md. Hafiz, Naim Alam son-in-law of Md. Hafiz,