- (1.) THIS appeal u/s 378(1)(5) of the Code of Criminal Procedure has been preferred by the State of Jharkhand against the judgment dated 12th June, 2003 passed by Shri Anil Kumar Choudhary, 5th Additional Sessions Judge, Bermo at Tenughat 'in Sessions Trial No. 141 of 2000, whereby and whereunder the court below has acquitted the accused -respondent for the offence u/s 302 of the I.P.C.
(2.) THE case of the prosecution is that on 3rd February, 2000 in the morning, the neighbour of the informant, namely, Umesh Raj Naidu, the accused (respondent) came to his house and took the son of the informant, namely, Mantosh Kumar Singh, aiongwith him to Dhanbad, with a promise that Mantosh Kumar Singh will return by the evening. The accused, Umesh Raj Naidu took Mantosh Kumar Singh alongwith him in spite of protest by the mother of Mantosh Kumar Singh. On 4th February, 2000, the wife of the informant, namely, Purnima Devi, saw the accused alone and enquired about the son from him. At that time, the accused (respondent) told that he came back by Shakti Punj Express and Mantosh Kumar Singh will come back by different train. Out of suspicion, the wife of the informant went to the Bermo P.S. for informing and there it was found that one boy has been admitted at Regional Hospital at Dhori and is undergoing treatment. After going there, the wife of the informant saw that their son was senseless after being assaulted and in the process of the treatment, he died on 4th February, 2000 in the evening. The informant apprehended that the accused took away the deceased, Mantosh Kumar Singh with intention to kill him and thinking that Mantosh Kumar Singh died, he fled away. In support of the case, prosecution has examined altogether eight witnesses. Learned court below noticed that there was no eye -witness and the accused was last seen with the deceased on 3rd February, 2000 at Dhanbad. There was no other evidence even circumstantial evidence to link the accused with the offence committed. The court below further noticed the evidence of doctor (P.W.4), who found that there was a possibility of the deceased of having taken intoxicating substance before his death. In absence of any such evidence or chain of circumstantial evidence, the court below has acquitted the accused. We find no ground made out to interfere with the impugned judgment dated 12th June, 2003 passed by the learned court below. There being no merit, this acquittal appeal is dismissed.;