IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (DB) No.701 of 2011 Bhagirathi Yadav son of late Bashistha Yadav, Resident of village-Anand Nagar (Awashani), P.S.-Laukariya, District-West Champaran. Versus 1.The State Of Bihar 2.Gree Prasad @ Green Prasad @ Firender Prasad, son of Suraj Prasad, resident of village-Awashani, P.S.-Laukariya, District-West Champaran 3.Sunil Kumar Pandey son of Amerika pandey, Resident of village-Awasani, P.S.-Laukariya, District-West Champaran. ----------- 2. 28.7.2011. This is an appeal against acquittal. We have heard learned counsel for the appellant at length and considered the matter. We are of the view that there is no ground for interference. There is only one eye witness i.e. appellant, whose statement has not been accepted/believed by the trial court and for valid reasons. Right from the beginning the statement is inconsistent. First it is alleged, that apart from this, one Anil Pandey was seen assaulting his father. When the police did not submit chargesheet in respect of Anil Pandey in course of investigation, Anil Pandey was sought to be substituted by Sunil Pandey, his brother. The prosecution though allegedly recovered the murdered weapons on confessional statement, they were not exhibited nor proved in court. In view of the aforesaid, we are of the view that the trial court has committed no error on law or on fact which requires interference. This application is, accordingly, dismissed. Md.S. (Navaniti Prasad Singh, J.) ( Ashwani Kumar Singh, J.)