IN THE HIGH COURT OF JUDICATURE AT PATNA G. APP. (DB) No. 5 of 2010 THE STATE OF BIHAR Versus BIPIN MAHTO & ANR ----------- 02. 28.01.2010 Heard learned counsel for the appellant, State of Bihar and perused the judgment of acquittal passed by the trial-court i.e., learned Addl. Sessions Judge, F.T.C. No. IV, Lakhisarai, whereby he has given benefit of doubt and acquitted the two accused persons in Sessions Trial No. 534 of 2007 by judgment under appeal dated 22.10.2009. The offence alleged appears to be serious in nature under Sections 324, 326/34 & 307/34 of the I.P.C. and Section 27 of the Arms Act but as noted by the trial-court neither any information of the occurrence was given at Maidnichauki where the occurrence took-place on 15.11.2005 nor any medical certificate or prescription of the doctor was brought on record to show that the injured was treated at Munger. The trial-court also noticed that case was lodged after two days on 17.11.2005 at 6.15 in the 2 evening and the prosecution story that the injured was taken to Patna Medical College Hospital for treatment is also not corroborated by any documentary evidence. Only papers of treatment and a certificate prepared after two years of the treatment at a private hospital were brought on record. The possibility of injuries being sustained while making bomb was also not ruled out by the doctor and evidence was also brought on record by the defence to show that the injured was accused in some cases and had criminal antecedents. In the aforesaid facts and circumstances, it is not possible to hold that the judgment of acquittal is perverse or even illegal. In that view of the matter, we find no merit in this government appeal. It is accordingly dismissed. Mkr. (Shiva Kirti Singh, J.) (C.M. Prasad, J.)