IN THE HIGH COURT OF JUDICATURE AT PATNA GOVT. APPEAL (DB) No.32 of 2008 The State Of Bihar ...Appellant Versus 1. Chaturi Yadav, 2. Rabindra Yadav, 3. Arjun Yadav, 4. Sahdeo Yadav all sons of late Jageshwar Yadav All resident of village: Surmaha Bishanpur, P.S. Sour Bazar, Dist.: Saharsa. 5. Shailendra Kumar Yadav son of Maheshwari Yadav resident of village- Pama, P.S. Sour Bazar, Dist.: Saharsa ...Respondents ----------- 7/ 19.11.2008 Heard. This Govt. appeal has been filed against the judgment and order of acquittal dated 16.2.2008 passed by the Additional Sessions Judge, FTC 4th, Saharsa, in Sessions Trial No.199 of 2000 /214 of 2002. By the impugned judgment the trial court has held that the prosecution has not been able to prove the charge under sections 379, 307 and 149 of the Indian Penal Code and section 27 of the Arms Act and, as such, acquitted the respondents from the charges framed against them. The Govt. Appeal has been preferred on the ground that the court below failed to - 2 - consider the evidence on record and the evidences were not considered in its proper perspective. P.W.5 and 6 are the doctors, who were posted at Saharsa and Madhepura respectively. The evidence of P.W.5 Dr. Pawan Kumar Mallik is that on 4.12.98 injured Veer Singh Yadav was brought before him at Sadar Hospital, Saharsa. He examined his injuries on 4.12.98 and not on 27.9.98 as per the evidence of P.W.6 Dr. Uma Shankar Bhagat. The evidence of P.W.6 Dr. Uma Shankar Bhagat is that on 27.9.98 at 9.30 AM he examined Veer Singh Yadav at Sadar Hospital, Madhepura, and referred him to Sadar Hospital, Saharsa for his further and proper treatment. Finding discrepancy in the evidence of the doctors as well as other witnesses, who were not consistent on the point of assault and the manner of occurrence, the trial court acquitted the accused-respondents from the charges levelled against them. Lower court records have been received. Counsel appearing on behalf of the State examined the exhibits i.e. Ext. 1 and 2. On perusal of Ext. 1 and 2, we find that there is no error in the judgment of the trial court. No - 3 - case has been made out for admitting the Govt. Appeal. Accordingly, this Govt. Appeal is dismissed. JA/- (Mridula Mishra, J.) (Syed Md. Mahfooz Alam, J.)