IN THE HIGH COURT OF JUDICATURE AT PATNA G. APP. (DB) No.19 of 2011 The State Of Bihar …..Appellant. Versus Bhola Rai, Son of Late Dharikshan Rai, Resident of Village Purnahiya, Police Station- Purnahiya, District-Sheohar. …..Respondent. ----------- 03/ 08.07.2011 Heard Shri Shiwesh Chandra Mishra, learned Counsel appearing on behalf of the State and Counsel for the respondent. The acquittal of respondent by judgment dated 16th of August, 2010 in Sessions Trial No. 157 of 2007/32 of 2010 has been challenged on the ground that there were enough evidence but the trial court has erred in acquitting the respondent. The reasons given by the trial court were meaningful and one of the reasons was that the injured was examined within 45 minutes of the occurrence. It was a case of injury by firearms, in evidence, the doctor P.W.7 has stated that firearms smell continues for an hour but after 45 minutes when the victim was examined there was no smell. This was a major cause to disbelieve the prosecution case. The injury alleged was simple. 2 Considering the anomalies in the evidence, the trial court has rightly acquitted the respondent. There is no irregularity in the judgment. This Government Appeal has no merit and it is accordingly dismissed. kksinha/- (Shyam Kishore Sharma, J.) (Rajendra Kumar Mishra, J.)