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2025 Supreme(Jhk) 1879

IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
State of Jharkhand – Appellant
Versus
Baleshwar Paswan, son of Manki Paswan – Respondent


Advocates Appeared:
For the Appellant :Mrs. Lily Sahay, Advocate .
For the Respondent:Mr. Bhaiya Vishwajeet Kumar, Advocate

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. Heard the parties.

2. This acquittal appeal has been filed under Section 378 (1) (5) of the Code of Criminal Procedure by the State against the judgment of acquittal dated 13.12.2005 passed by the learned Additional Sessions Judge, Fast Track Court-III, Chatra in S.T. No. 174 of 2002 whereby and where under, the learned Additional Sessions Judge, Fast Track Court-III, Chatra has acquitted the accused persons of the case by giving them the benefit of doubt and discharged them from the liability of their bail bond; after in the impugned judgement only recording the gist of the deposition of all the five prosecution witnesses in paragraph nos. 3 to 7 by dedicating of the paragraph from 3 to 7 to the deposition of one the prosecution witness each and in paragraph nos. 8 and 9, the learned Additional Sessions Judge, Fast Track Court-III, Chatra has recorded the submissions made by the learned counsel for the accused and in paragraph no.10 of the judgment has opined as follows:-

“In that view of the matter all the accused persons, namely Baleshwar Paswan, Balendra Kumar and Dinesh Paswan are hereby acquitted to give them benefit of doubt and also discha

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