IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.504 of 2008 LALIT KUMAR JHA S/o Late Mithan Jha, Resident of Badhwa PO Gopalpur P.S. Simri Bakhtiyarpur Dist Saharsa Versus STATE OF BIHAR & ANR ----------- 2 03.12.2008 This revision application has been preferred against the order of acquittal dated 19.3.2008 passed by the 2nd Addl. Sessions Judge, Naugachia in Sessions trial no. 907 of 2006 whereby opposite party no.2 was acquitted of the charges under sections 304B and 201 of the Indian Penal Code. Heard learned counsel for the petitioner. Submission of the learned counsel for the petitioner is that although PW 11(informant) had supported the prosecution story and there was also circumstantial evidence but the court below did not properly appreciate the evidence and wrongly acquitted the accused person. On perusal of the impugned judgment, it appears that the prosecution has examined as many as 14 witnesses. Most of the witnesses have been declared hostile or tendered. PWs 13 and 14 are the police officials and they have not uttered a single word on the point of the occurrence. The only material witness produced on behalf of - 2 - the prosecution was the informant but the informant himself was not the eye witness to the occurrence. Under the circumstances, the court below has rightly recorded the verdict of acquittal. There was no legal material before the court below to convict the accused person. I do not find any material to interfere with the impugned order of acquittal. Accordingly, this application is dismissed. shahid (Ghanshyam Prasad, J)