IN THE HIGH COURT OF JUDICATURE AT PATNA CR APPL (DB) No 702 of 2011 Dharmendra Kumar Singh Versus The State Of Bihar & Anr ----------- 3 02.08.2011 Heard. This is an appeal against acquittal. We have perused the judgment. It is a case under Sections 364 read with Sections 302, 201 all by Section 34 of Indian Penal Code. In our view, the trial Court has committed no error in holding that no one had seen the occurrence or any part thereof. It is only on basis of strong suspicion that the circumstances have been built. In our view, the circumstances are not complete chain. The deceased went with the accused on 08th of February, 2001. On 09th, the deceased was in the village. On 14th, the first information report is lodged. On 22nd, the dead body is recovered from the field. The motive is also not established. Court has not believed the diary which was neither seized in course of enquiry nor summoned in course of trial but suddenly produced by the prosecution in trial. We have, therefore, no reason to interfere. This appeal is dismissed. M.E.H./ (Navaniti Prasad Singh) (Ashwani Kumar Singh)