IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (DB) No.771 of 2011 Heera Lal Raut, son of Manager Raut, village Sarai, PS Govindganj, District East Champaran, Motihari – Applicant. Vs. 1) The State of Bihar, 2) Jagu Raut, son of Bhola Raut, 3) Hari Kishun Raut, son of Bangali Raut, 4) Rameshwar Raut, 5) Chaudhur Raut, both sons of Ram Pd. Raut, all of village Saraiya, PS Govindganj, District East Champaran, Motihari – Opp. Parties. 2 9.8.2011 This appeal is directed against the order, dated 25.5.2011 passed in S.T. No. 39/43 of 2002/2002 passed by the 1st Additional Sessions Judge, Motihari, East Champaran whereby the four appellants, who have been made respondents 2 to 5, have been acquitted by the trial court primarily on consideration that the dead body was not recovered. For proving a charge under section 302 of the Penal Code, the paramount consideration is that the evidence regarding death must be brought and that evidence must be of impeachable nature. In the present appeal, the case relates to suspected murder and even the dead body has not been recovered. Considering the facts and circumstances of the case, there appears to be no merit in this appeal. It is accordingly dismissed. haque (Shyam Kishore Sharma, J) ( Sheema Ali Khan, J.)