IN THE HIGH COURT OF JUDICATURE AT PATNA SLA NO.42 OF 2009 SK. ISLAM, SON OF LATE LOHBAT, RESIDENT OF VILLAGE DAMODARPUR, POLICE STATION AZAMNAGAR, DISTRICT KATIHAR VERSUS THE STATE OF BIHAR & ORS ********** 3 28/04/2009 Heard learned Counsel for the petitioner. The petitioner has challenged the order dated 07.02.2009 by which respondents 2 to 8 have been acquitted under Section 304 of the Indian Penal Code. The informant is not an eye-witness to the occurrence and he has stated after 17 days of the occurrence that one Harmoch Ansari is said to have pressed the neck of the nephew of the informant Sattar Mian and threw him in the well. Before the First Information Report, an U.D. case was lodged in which the informant has stated that his nephew fell into the well while he was playing. Subsequently, during the trial, two witnesses claimed to have seen one Harmoch pressing the neck of the deceased boy. These two witnesses obviously introduced the story as an afterthought as if they were eye-witnesses to the alleged occurrence, they must have disclosed this fact to the informant prior to the 2 lodging of the U. D. case. Apart from that, the Trial Court has also considered the fact that the postmortem report was not exhibited, as a consequence of which, the doctor was also not examined in this case to show that the deceased boy died due to the reasons mentioned in the First Information Report. The order of the Trial Court gives adequate reasons for acquitting the respondents and I find no reasons to interfere with the order impugned. This SLA is dismissed. Anand (Sheema Ali Khan, J. )