IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (DB) No.355 of 2011 SHREE PRASAD RAI SON OF JADDU RAI, R/O VILLAGE- SUHATH BHARNA, P.S.- SOUR BAZAR, DISTRICT- SAHARSA Versus 1. THE STATE OF BIHAR 2. RAJ KUMAR RAI 3. SANJAY KUMAR RAI 4. SANTOSH KUMAR RAI 2 TO 4 SONS OF RAM PRASAD RAI 5. SURENDRA SAH SON OF LATE FAUDAR SAH 2 TO 5 R/O VILLAGE- SUHATH, P.S.- SOUR BAZAR, DISTRICT- SAHARSA ----------- 2 22/04/2011 This appeal has been filed against the judgment of acquittal dated 14.2.2011 passed in Sessions Trial No. 254 of 2004 by the learned Additional Sessions Judge, F.T.C. No. III, Saharsa whereby the respondent nos. 2 to 5 were acquitted from the charges under Sections 148, 307/149 of the Indian Penal Code and under Section 27of the Arms Act. Heard the learned counsel for the appellant and perused the judgment. Learned counsel for the appellant has pointed out that the injuries were found but still the court has not convicted the respondent nos. 2 to 5 against whom there were sufficient evidence. On perusal of judgment it appears that the Investigating Officer has inspected the place of occurrence and has not found any blood and any trampling mark at the place of occurrence. This caused 2 fatal for the prosecution. The defence has come with a suggestion that on the same day there was firing between the criminals and the police which has led to registration of Sour Bazar P.S. Case No. 15 of 2002 and there was possibility that the respondents’ injuries might have been caused in that case. Considering the evidence of the I. O. and other facts and circumstances of the case, we are of the view that the trial court has rightly passed the judgment of acquittal and it needs no interference of this Court. Accordingly, this appeal is dismissed. (Shyam Kishore Sharma, J.) (Gopal Prasad, J.) avin