- (1.) HEARD learned counsel for the appellant -State and learned counsel for the respondent Nos.1, 2 and 3.
(2.) THIS appeal is directed against the judgment of acquittal dated 31.01.2001 passed by Shri Jai Nandan Sharma, 1st Additional Sessions Judge, Chatra in Sessions Trial No. 153 of 1987 acquitting the accused respondent Nos.1, 2 and 3 from the charges levelled against them under Sections 379, 411, 413, 414 and 120B of the Indian Penal Code. It is submitted by learned counsel for the appellant -State that the evidence of D.F.O., Chatra (P. W.4) was only considered by the trial court, and as such, the order is bad in law and fit to be set aside.
(3.) ON the other hand, learned counsel for the respondents has submitted that the main prosecution case has been committed at Lawalong by the trial court and the court has found that the institution of the case itself was bad and prosecution has failed to prove that any theft was committed by the accused persons, and as such, the judgment of acquittal requires no interference by this Court.;