IN THE HIGH COURT OF JUDICATURE AT PATNA G. APP. (DB) No.16 of 2009 THE STATE OF BIHAR Versus RAJ KISHORE RAI & ANR ----------- 5 12.1.2010 The delay in filing the present Govt. Appeal is hereby condoned We have heard learned Govt. Advocate No.3 Shri Prasoon Sinha and Shri Jitendra Pd. Singh no.3, appearing on behalf of the respondents. The respondents were initially charged under sections 302/ 120B of the Indian Penal Code. The real discussion of the merits of the charge in the light of the evidence appears in paragraph 24 of the judgement. Mr. Sinha has taken us through that particular discussion and we find that the evidence was too feeble to invite conviction of the two respondents. The circumstances which were appearing before the learned trial judge, like, discussing the conspiracy part of abatement, within then the hearing of others as also making the discussion at such places appears simply improbablising the charge against the two respondents. The other part of the evidence has been discussed and appreciated correctly by the learned judge in that particular paragraph and after such discussion the learned judge extended the benefit of doubt to the respondents and acquitted them. - 2 - We are satisfied, after having gone through the discussion as referred above, that the learned judge did not commit any error and the acquittal part of the judgement in respect of the two respondents does not appear being actuated by perversity. The Govt. Appeal is dismissed. (Dharnidhar Jha, J) (Rakesh Kumar, J) M.Rahman