PATNA, India, Sept. 29 -- Patna High Court issued the following judgment on Aug. 29:

The present criminal appeal has been preferred under Section 372 of the Code of Criminal Procedure, 1973 against judgment of acquittal dated 28.02.2018 passed by the learned Additional District & Sessions Judge 6th, Buxar in Sessions Trial No. 45 of 2013, arising out of Industrial Area P.S. Case No. 88 of 2012, whereby Respondent Nos. 2 and 3 have been acquitted by the learned Trial Court from the charge of Sections 364/34, 302/34 and 120B of Indian Penal Code.

2. Vide order dated 31.07.2023, Trial Court records was called for, which was received on 09.08.2023.

Vide order dated 14.07.2023, notices were issued to the Respondent Nos. 2 and 3 upon which they appeared by filing Vakalatnama through learned Advocate, Mr. Mukesh Kumar Thakur.

3. The prosecution case, in brief, is that on 27.08.2012 while informant had departed from Bus, he saw his uncle Bhawnath Shukla @ Lallan Shukla, was having tea along with a person, when informant asked him that "what are you doing here, tomorrow i.e. on 28.08.2012 you have to appear in Bhabhua Court in relation to case no. 09/2011 and 35/2011", upon which his uncle replied that today he is going to Village Purainiya with Sheo Mangal Dubey and also gave contact number of Shiv Mangal Dubey, so that his whereabout will be known to informant, then he left toward Buxar. Further, informant also returned back to home after noting his result from College. On 28.08.2012, informant waited and tried to said number, while he was waiting for his uncle at Bhabhua court premises. Again on 29.08.2012, he continuously tried to contact upon said number but he failed. On 31.08.2012 he investigated matter himself where he asked brother of Sheo Mangal Dubay who informed that his brother may be found either with Ramdarash Tiwari or Kedar Pandey at Rohtas, while he was investigating he came to know from Ramdarash Tiwari that his uncle was murdered, however when he reached the place of abduction, nearby people narrated story of abduction from Dalsagar. Informant has reason to believe that all named accused murdered his uncle and make his body disappeared out of previous enmity.

4. On the basis of written report of the informant, Industrial Area P.S. Case No. 88 of 2012 was instituted under Sections 364/34 and 302 of Indian Penal Code and investigation was taken up by the police. The police after investigation submitted charge-sheet against Respondent Nos. 2 and 3 and, accordingly, cognizance was taken. Thereafter the case was committed to the Court of Sessions. Charges were framed against the accused persons to which they pleaded not guilty and claimed to be tried.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NSM2OTUjMjAyMiMxI04=-GuPnnwA0PgE=

Disclaimer: Curated by HT Syndication.