IN THE HIGH COURT OF JUDICATURE AT PATNA G. APP. (DB) No.48 of 2008 THE STATE OF BIHAR ------- Appellant. Versus 1. SHAMBHU YADAV, S/o. late Jharila Yadav, 2. Ram Balak Yadav, S/o. Sahdeo Yadav, 3. Kameshwar Yadav S/o. late Barho Yadav, 4. Ajit Yadav, S/o. late Jharila Yadav, 5. Anju Yadav S/o. Deo Nandan yadav, 6. Satyendra Yadav, S/o. Ram Yadav, Respondent Nos.1, 4 & 6 are r/o. Village- Lalpur, P.S. Kowakol,Distt. Nawadah and respondent Nos.2,3 & 5 are r/o. Village-Madhurapur, P.S. Kowakol, Distt. Nawada. ------- Respondents. ----------- 09. 14.10.2009 This government appeal was heard at the time of admission itself. This appeal is against the judgment of acquittal as passed by the learned Addl. Sessions Judge, F.T.C. No.I, Nawada in Sessions Trial No.194 of 2003/71 of 2005, whereby the six respondents have been acquitted of the charges under Sections 302, 307, 302/149, 307/149 of the I.P.C. and Section 27 of the Arms Act. We have gone through the judgment of the trial- court. The informant Ashok Bishwakarma (P.W.8) and his brother Bishwash Bishwakarma (P.W.13) and the family members claimed to be the eyewitnesses attributing assaults on the deceased at the hands of the respondents. Learned trial- court considered Ext-A, which was the previous statement given by Bishwash Bishwakarma before police, wherein he stated that while he was on his Leth Machine shop somebody intimated him that a dead body was lying near bridge and after getting this information he went there along with his family 2 members and he found that it was the dead body of his brother Nibas Bishwakarma, who was bleeding from his chest due to fire-arm injury. Bishwash Bishwakarma stated that the deceased had been killed by some unknown criminals. He did not name anybody as assailant attributing any manner of assault by any specific person. On the basis of Ext-A the police officer had prepared the inquest of the dead body. The learned trial-court found that subsequently the informant and Bishwash Bishwakarma both as well as some of the family members started attributing specific allegation of assault against the respondents and F.I.R. was lodged. The trial-court considered the discrepancy in the evidence and also the circumstances. Ext-A indicated introduction of embellishment and fabrication in the prosecution story. The deceased’s mother, Pratima Devi P.W.7 and his wife Munni Devi P.W.12 stated attributing allegation against the respondents but admitted in their statement before the police they do not state against the respondents. The independent witness Kallu Mian (P.W.6) stated before the trial-court that informant Bishwash Bishwakarma, informants gone to dead body from his shop and had given statement (Ext-A) before the police stating that unknown persons killed the deceased. Considering these facts, circumstances and evidence, the learned trial judge did not find the charges proved beyond doubt against the respondents and he acquitted 3 the accused persons. On considering these materials, we find no reason to interfere with judgment of the trial-court. Accordingly, this government appeal is dismissed. Mkr. (C. M. Prasad, J.) (Dharnidhar Jha, J.)