IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26641 of 2008 WAKEEL YADAV Versus STATE OF BIHAR ----------- 3. 16.9.2008 Heard. Allegation is that the petitioner shot into the chest of the informant’s father who subsequently died while being shifted to hospital at Purnea. The post mortem examination report is available to me in the Photostat copy form along with the case diary and that indicates that there was a lacerated wound 1” x ¾” x cavity deep with inverted margin with charring over right side of chest below and lateral to right nipple and it was the wound of entry. The wound of exit was also lacerated 3” x 2” x cavity deep with everted margin over sternam below angle of sternam slightly on left side. Both injuries were communicating to each other. The contention is that the statement of the deceased Bihari Yadav was not recorded when the F.I.R. was recorded and that co- accused Pappu Yadav had enmity with the informant as is indicated in the F.I.R. but what for this petitioner had killed the father of the informant has not been stated. Learned counsel for the petitioner has very clearly missed a very important fact that while the F.I.R. was being recorded the injured Bihari Yadav was not there and , as such, a statement was made that he had been sent to Purnea for treatment. What for crimes are committed could not be known to the informant or to - 2 - the Court, it is best known to the accused. The petition is dismissed. Sudip ( Dharnidhar Jha, J )