IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (DB) No.141 of 2011 LALLAN SAH SON OF SHABHA SAH, RESIDENT OF VILLAGE- BAHUARA PATTI, P.S.- MARHOWRAH, DISTRICT- SARAN Versus 1. THE STATE OF BIHAR 2. MAKESHWAR MAHTO SON OF INDER MAHTO 3. JAWAHAR MANJHI SON OF LATE RAM BALAK MANJHI 4. LAL BABU MANJHI SON OF LATE RAM BALAK MANJHI 5. SUDARSHAN MANJHI SON OF LATE PATIRAM MANJHI 6. PRAKASH MAHTO SON OF INDER MAHTO SL. NO. 2 TO 6 R/O VILLAGE- RAIPURA, P.S. MARHOWRAH, DISTRICT-SARAN ----------- 4 20/06/2011 Heard learned counsel for the appellant and learned counsel appearing on behalf of respondent nos. 2 to 6. This appeal has been preferred by the appellant against the judgment dated 15th December, 2010 passed in Sessions Trial No. 379 of 2008 / 73 of 2008 by the learned Additional Sessions Judge I, Chapra whereby respondent nos. 2 to 6 were acquitted from the charges under Sections 307/34 and 379/34 of the Indian Penal Code. Prosecution case relates to an occurrence in which it is alleged that Inder Sah and this appellant- informant have witnessed the occurrence of assault. Inder Sah has been examined as PW 1 but he has not supported the prosecution case. The doctor has given altogether a different version which is not in tune with the prosecution version. Investigating Officer has also 2 not been examined so the place of occurrence has not been established. All these were enough to pass the order of acquittal. The impugned judgment is correct and needs no interference of this Court. This appeal has no merit and accordingly, it is dismissed. avin (Shyam Kishore Sharma, J.) (Rajendra Kumar Mishra, J.)