IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.129 of 2008 MUTUR KUMAR GUPTA SON OF LATE JAG NARAYAN GUPTA, R/O- VILLAGE USRI, P.S.- MOHANIA, DISTT. KAIMUR (BHABHUA) Versus 1. THE STATE OF BIHAR 2. HARBANSH SAH SON OF LATE SATYA NARAYAN SAH, 3. BISHESHWAR SAH, 4. RAJESHWAR SAH 5. MUNNA SAH, 6. KAMLESH SAH 7. MANTU SAH NOS. 3 TO 7 ARE SON OF HARBANSH SAH, ALL RESIDENTS OF VILLAGE- USRI, P.S.- MOHANIA, DISTRICT- KAIMUR (BHABHUA). For the petitioner : Mr. Kripa Nath Yadav, Advocate For the O.Ps. : Mr. Krishna Prasad Singh, Sr. Advocate For the State : Mr. Ram Chandra Singh, APP ----------- 3 12.10.2010 Heard Learned counsel for the petitioner and the informant. Petitioner is the igniter of the present proceeding which gave rise to Sessions Trial No. 213 of 2006 whereby learned Trial Court by judgment and order dated 31.10.2007 acquitted the accuseds (opposite parties herein) of the charge(s) punishable under Sections 302/34 of Indian Penal Code. On an appraisal of the evidence on record, learned trial court has found serious contradictions in the prosecution case. After having appraised the evidence of the informant, it has been found and concluded that he is not an eye witness to the occurrence. Referring to the deposition of P.W. 2, it has been found that the time of occurrence has been substantially changed. The inquest report has not been properly proved and brought on record. The doctor who according to the prosecution 2 first examined the victim of his injuries, has also not been produced. The Investigating Officer of the case was also not examined in the case. In the light of these facts emanating from the records, learned trial court has come to the conclusion that the prosecution has failed to prove charge beyond shadow of reasonable doubts. I am satisfied that the order impugned cannot be said to be patently illegal and/or perverse meriting interference. A view has been taken by learned trial court based on the appraisal of the evidence which seems to be a possible view. The application lacks merit. It is according dismissed. pkj ( Kishore K. Mandal, J. )