IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31759 of 2008 1. Shyamdeo Yadav @ Shyamdeo Chaudhary, Son of Gokhula Chaudhary. 2. Ram Sunder Yadav @ Ram Sunder Chaudhary, Son of Late Chandeshwar Chaudhary. 3. Yadav Jee Yadav, Son of Achhelal Yadav 4. Chandrika Prasad Yadav, Son of Mathura Yadav All resident of village Bibi Ke Bangra, PS Barharia, District Siwan. ---- Petitioners Versus The State Of Bihar ---- Opposite Party ----------- 2 29.6.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. Petitioners are aggrieved by order dated 25.6.2008 passed in Sessions Trial No. 209 of 2007 arising out of Siwan Tola P.S. Case No. 130 of 2000 by the Fast Track Court No. IV, Siwan. Learned counsel for the petitioners submits that there is unsufficient evidence against them to make out a case under Section 302 of the Indian Penal Code. It is submitted that the deceased died of a heart attack at the place of occurrence which is near a police chowki. The informant did not give any information to the police chowki rather took him to the hospital. The post mortem report submitted after three days shows an injury on the head. Several persons in the case diary have deposed in favour of the petitioners. From the order of the Court below, it appears that some of the witnesses have named the petitioners whereas others have not. These aspects of the matter would have to be considered during trial of this case. This Court cannot analyze the evidence in the case diary, specially as there is contradictory 2 evidence and reach a conclusion that the petitioners are not guilty of the office. This application is accordingly, dismissed. Sanjay ( Sheema Ali Khan, J.)