IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.23 of 2009 NAGENDRA SAH, S/O- LATE SRI SAH, R/O- VILLAGE- RANI PAKARI, P.S.- BETTIAH MUFFASIL, DISTRICT- WEST CHAMPARAN. Versus 1. THE STATE OF BIHAR 2. AWADH KISHORE TIWARI, SON OF LATE ISARI TIWARI 3. MANTU TIWARI, SON OF AWADH KISHORE TIWARI 4. BIJALI TIWARI, SON OF AWADH KISHORE TIWARI NOS. 2 TO R/O- VILLAGE PAKARI P.S.- BETTIAH MUFFASIL, DISTRICT- WEST CHAMPARAN For the petitioner : Mr. Shyamal Prakash, Advocate. For the State : Mr. Ramchandra Singh, APP ----------- 3 27.08.2010 Heard both sides. Petitioner is the informant (P.W. 4) and is aggrieved by the order dated 14.8.2008 passed by learned Chief Judicial Magistrate, Champaran at Bettiah in Trial no. 33 of 2008 whereby the accuseds (O.P. nos. 2 to 4) have been acquitted of the charges punishable under diverse sections of Indian Penal Code including Sections 307 and 379 IPC. At the trial, only 04 witnesses were examined on behalf of the prosecution. The doctor and I.O. were not examined. With regard to the place of occurrence, learned trial court on an appraisal of the evidence found and held as under: “ So witnesses do not appear to be akin to definite place of occurrence which becomes quite evident from the boundaries already stated by them.” As about the manner of occurrence, learned trial court has appraised the deposition of informant (P.W. 4) and the two witnesses accompanying him during the relevant date and time namely P.Ws 1 and 2 and has found as under: “ So, statement of P.W. 2 is different from the informant as well as P.W. 1. He did not say about 2 snatching of money and wrist watch.” and “Therefore, none of the P.Ws can be relied on. P.W. 2 for example did not support snatching of any thing and saw the incident in different manner. On the above background manner of commission of alleged incident does not appear to be proved beyond reasonable doubts.” The consideration of the matter by the learned trial court cannot be said to be perverse and/or perfunctory . There is no merit in this application. It is accordingly dismissed. pkj ( Kishore K. Mandal, J. )