IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.722 of 2009 1. ABHAY KUMAR SINGH . --- PETITIONER Versus 1. THE STATE OF BIHAR 2. SANJAY SINGH --- OPP. PARTIES. ----------- 03 29.03.2011 Heard learned counsel for the petitioner and the State. Petitioner is informant of Murar P.S. case no. 06 of 2006 which ignited trial of opposite parties vide Sessions trial no. 81 of 2007 wherein they were charged under Sections 302/34 of the Penal Code and Section 27 of the Arms Act. Learned trial Court by the impugned judgment dated 11th February, 2009, on a consideration of the materials produced at the trial, found that prosecution has not been able to prove the charge(s) beyond shadow of all reasonable doubts, and accordingly acquitted them of those charge(s). According to the prosecution case on 04.03.2006, at about 4 P.M. the informant (PW7) along with his father (deceased) and another brother (PW6) went to Baraka Tal Badhar to irrigate wheat crop. As they were engaged in irrigating the field, PW6 returned back home. At about 6 P.M. the accused namely, Santosh Singh armed with country made pistol came there. Accused Santosh Singh caught hold of his father (Yogendra Singh) and thereafter co- accused Sanjay Singh is said to have fired on him by country made pistol which hit him on his left eye as a result whereof he fell down. „Hulla‟ was raised which attracted witnesses and the accuseds took to their heels. On conclusion of investigation charge sheet was 2 submitted leading to the impugned trial. At the trial 09 prosecution witnesses were examined. Learned trial Court appraised their evidence and found that PWs 1, 2, 3 and 5 in their respective depositions have accepted the position that they were not eye witness to the occurrence. They are on record deposing that they do not know who killed the deceased. Learned trial Court further found that information regarding the occurrence was first given to the police by co –villagers. In that context in paragraph no. 31 it has been found and observed that non examination of the S.I. of Dumraon P.S., who recorded the fardbeyan of informant Abhay Kumar Singh is a serious lacuna in the prosecution case which has severely prejudiced the case of the defence. Trial Court further appraised the materials on record and observed as under in paragraph nos. 34 and 35 “34. As I have already held that PW 1, 2, 3, 5 and 6 have not seen the alleged occurrence. From the evidence of PW4 Jangali Rai, it is clear that he was present on the spot at the time of occurrence and he could not identify any of assailant. From the evidence of PW6 it is clear that he has also not seen the alleged occurrence. PW 7 Abhay Kumar Singh has given evidence like a eye witness. But from perusal of evidence of PW1 to 5, it is crystal clear and proved that at the time of occurrence he was not present on the spot. Rather he was at Buxar on the said day and time of occurrence. As such I find that evidence of PW7 informant is not reliable. No witness has come to corroborate his version. Informant is interested in this case and there is too much infirmity and contradiction in his evidence. It is also clear that there is enmity between both parties. As such, in these circumstances it is not safe and proper to rely on the evidence of sole eye witness (i.e. informant PW7). 3 35. From scrutiny of aforesaid evidence available on case record, it is crystal clear and well proved that informant was not present on the spot. Other witnesses did not identified the assailant and did not disclosed the name of assailant. Therefore it is apparent that accused has been falsely implicated in this case due to previous enmity. There is no direct evidence to prove involvement of accused in any manner in the alleged occurrence.” This Court, on perusal of the impugned judgment, is of the view that learned trial Court based on appraisal of materials on record has taken a view which is a possible view. No patent illegality and/or perversity in such appreciation can be found. Application lacks merit. It is, accordingly, dismissed. Sym ( Kishore K. Mandal, J.)