Ashok Kumar Singh vs State of Jharkhand and Others

Seen the office note.

This revision petition has been filed against the judgment dated 11/03/2011, passed by the Additional Sessions Judge, F.T.C. No. II, Dhanbad in Sessions Trial No. 343/2004, acquitting the accusedO. P. Nos. 2 to 8.

According to the petitioner, the trial court acquitted the accused persons mainly on the ground of compromise whereas several sections were non compoundable and there was no compromise so far as petitioner is concerned; and that the witnesses were recalled after the alleged compromise and on that basis the order of acquittal was passed; and that the learned trial court has not discussed the contradictions in the evidences of PWs 5 and 7. The judgment passed in the case of Satyajit Banerjee and Others Vs. State of West Bengal and Others, " was relied.

After carefully going through the records, it appears that after considering the respective cases of the parties and the materials brought on record by them, the learned trial court had no option but to acquit the accused O.P. Nos 2 to 8. PWs. 1 and 4 did not support the prosecution case. PWs2 and 3 were declared hostile. PW6 the informant and victim of the case also did not support the prosecution case. PWs5 and 7 were not believed on the ground that there were several contradictions in the their evidences vis a vis the evidence of the informant PW6.

In our opinion, even if, the alleged compromise between the parties is ignored, the prosecution has not proved its case against the accused O.P. Nos. 2 to 8. The judgment cited, i.e. "Satyajit Banerjee & Ors." (supra), is of no help to the petitioner in the facts and circumstances of this case.

In our opinion, no grounds have been made out for any interference by this Court in the impugned judgment of acquittal. In the result, this revision petition is dismissed.