1987 (2) TMI 512

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....r S.C. Misra and, Mrs. Gian Sudha Misra for the Respondent 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) o....

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.... said to have taken place at 12 O'clock at midnight, 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 evidenc....

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....rt feels that the High Court should have considered 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....