IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (DB) No.719 of 2011 Mathura Yadav, Son of Late Khagan Yadav, resident of village-Bihraura, P.S.-Lakhisarai, District-Lakhisarai. –Appellant. VERSUS 1. The State of Bihar. 2. Biraju Yadav, Son of Suresh Yadav, resident of village-Bihraura, P.s.- Lakhisarai, District-Lakhisarai. –Respondents. ----------- 02 29.07.2011 This appeal has been filed against acquittal of the accused person, who was charged under Section-302 of the Indian Penal Code, and has been acquitted. We have perused the judgment and found no reason to take a different view of the matter. Neither the place of occurrence nor the manner of occurrence nor the implication of the accused has been established beyond reasonable doubt by the prosecution. The death occurred after 15 days of the incident but no statement of the deceased was ever recorded nor has it been brought on record that he was incapable of giving statement. Nothing has been recovered from the place of occurrence though the deceased is said to have been fallen down, having received gun shot injury, except for the informant there is no eye witness. The doctor, who first examined the deceased, has not been examined. The Investigating Officer has also not been examined. The injury report has not been brought on record and the doctor, who conducted the postmortem, is unable to help the prosecution in explaining what shot of injury and how it was caused. 2 In the facts aforesaid, we have no reason to interfere in the matter. The leave is refused. This appeal is dismissed. Trivedi/ (Navaniti Prasad Singh, J.) (Ashwani Kumar Singh, J.)