IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1484 of 2007 NIRMAL KUMAR …PETITIONER Versus 1. THE STATE OF BIHAR 2. KAUSIK MAHTO 3. SANJAY KUMAR 4. RANJAN KUMARI 5. BITTI DEVI ..OPPOSITE PARTIES ----------- 03. 26.08.2010 Heard counsel for the parties. Petitioner is the informant (P.W.6) of the case which gave rise to Sessions Trial No.140/2001/106/2005, wherein the learned trial Judge by order dated 25.09.2007 recorded judgment and order of acquittal. Accuseds (o.p.nos.2 to 5 herein) were facing charge(s) punishable under diverse sectionS including sections 307 IPC. At the trial ten P.Ws. were examined to prove the case. P.Ws.9 and 10 have been found to be formal. P.W.5 have not supported the case as an eye-witness to the occurrence. P.Ws.2, 4 and 6 are said to be injured witnesses. The doctor has been examined as P.W.7. The learned trial court found that the occurrence had taken place on account of dispute over a piece of land. It has thus been found that parties were hostile to each other from before. Having tainted background of the case, learned trial court evaluated the evidences of witnesses, particularly those of 2, 4 and 6. It has been found that there was no consistency on the point of assault in the evidences of these witnesses. Learned trial court has also doubted the opinion of the doctor wherein it was found that the victims have received 2 grievous injuries. This can be seen from paragraph 14. While evaluating the evidence of P.W.4, it has been found that the injuries sustained by the victims were not supported by the case made out in the Fardbayan. Learned trial court has gathered an impression that there was concerted attempt on behalf of prosecution to enmesh other accused with specific allegation. The case of Ranjan Kumari (o.p.no.4) falls in that category. Learned trial court has thus found that the prosecution has failed to prove the case beyond shadow of reasonable doubts. The consideration of the matter by learned trial court cannot be said to be perverse and/or perfunctory. There is no merit in this application which is accordingly dismissed. hr ( Kishore K. Mandal )