TMI Blog1987 (2) TMI 512X X X X Extracts X X X X X X X X Extracts X X X X ..... dent JUDGEMENT OZA, J. This appeal has been filed in this Court against the dismissal in limine of a petition filed by the State of Bihar in the High Court of Judicature at Patna wherein learned Judges of the High Court rejected a petition for leave to appeal against acquittal filed by the State Government under Sec.378(1) and (3) of the Code of Criminal Procedure in limine by any s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ight, and the information was lodged on 6th of June 1980 at 8.45 A.M., at Bhagalpur Medical College Hospital as the informant was lying injured in the surgical ward of the Hospital. At the trial there were number of eye witnesses examined who claimed to have identified the accused persons in the light of a lentern burning at that time. The evidence also attributed different parts to different accu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the matter and pass a reasoned order it would be proper that we may not refer to any part of the evidence on merits nor express any opinion. Learned counsel for both the sides did not dispute that the incident was such wherein number of persons were involved. They also frankly accepted that there are number of witnesses examined in the case. A perusal of the judgment of the learned trial Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... press any opinion on any of the matters that may deserve consideration. The appeal is therefore allowed. The order passed by the High Court on 14th July 1983 is set aside and the appeal alongwith petition for leave filed by the State of Bihar is restored to the file of the High Court and it is directed that Hon'ble the High Court after hearing the parties shall dispose of the matter giving rea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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