IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1626 of 2009 Sunil Kumar s/o late Bacha Prasad Kushwaha resident of Budhiyawa, P.W. Nawalpur, District- West Champaran. … Petitioner. Versus 1. The State Of Bihar 2. Babule Singh @ Santosh Kumar Rai S/o Udayabhan Singh, resident of Dhadhwa, P.S. Nacalpur, District- West Champaran. 3. Narendra Thakur, S/o Parasnath Thakur Mahanwa Dumaria, P.S.- Majhwaliya, District- West Champaran. 4. Chunu Srivastava, s/o Badri Narayan Srivastava resident of Harwalkia, P.S.- Mufassil Bettiah, District- West Champaran. 5. Ashrifi Yadav, s/o Fagu Yadav, resident of Bharatapatti, P.S.- Nawalpur, District- West Champaran. … Opposite Parties. _______ For the petitioners :Ms. Alka Verma, Adv. :Mr. Arun Kumar, Adv. For the State :Mr. Bipin Kumar, APP ----------- 2. 18.11.2011 This application has been preferred against the judgment and order dated 13.8.2009 passed by the learned Additional Sessions Judge, IV, Bettiah in Sessions Trial No. 360 of 2006 by which the accused Narendra Thakur, Chunnu Srivastava and Asarfi Yadav have been acquitted due to insufficient evidence against them and the accused Bablu Singh @ Santosh Kumar Rav has been acquitted by giving him the benefit of doubt under Sections 302/34, 120 B, 212 I.P.C. and 27 of the Arms Act. The prosecution case, in brief, is 2 that on 22.4.2000 at about 11.30 a.m. the informant Vijay Prasad Kushwaha was returning to his house on Suzuki motor cycle when he reached near K. R. School two motorcycles came from behind out of which one was Yamaha driven by Bablu Singh and Manager Yadav was pillion rider and the person sitting on the other motorcycle were not identified. Manager Yadav shot fire and the informant after receiving the fire-shot injury fell down. Thereafter, Manager Yadav again shot fire. The persons on 2nd motor-cycle shot fire on the informant and fled towards Durgabag Mandir. The neighbours came there and saw the accused. The reason for the occurrence is old enmity. On the basis of fard beyan of Vijay Prasad Kushwaha Bettiah Town P.S. Case No. 105 of 2000 was instituted under Section 307/34 I.P.C. and 27 of the Arms Act against Bablu Singh, Manager Yadav and unknown persons. After death of Vijay Prasad Kushwaha section 302 IPC has been added. After investigation charge-sheet was submitted and cognizance was taken and the case was committed to the court of session. The accused were charged under Sections 302/34, 120B, 212 I.P.C. 3 and 27 of the Arms Act. After trial all the accused were acquitted by the impugned order as aforesaid. Heard learned counsel for the petitioner and learned counsel for the State. Learned counsel for the petitioner has submitted that inspite of evidence against the accused they have been acquitted by the learned trial court ignoring the prosecution evidence. Learned counsel for the State submits that altogether 8 witnesses have been examined on behalf of the prosecution out of which P.W. 5 is S.I. Sanjay Kumar Singh, who has recorded the fard beyan (Ext. 3) of the informant. P.W. 2 is Lalit Narayan Dubey, who has signed on the fard beyan. His signature is Ext. 1. He has stated that in his presence the statement of the injured (informant) was not recorded. He had gone to take the fard beyan of the informant (deceased) but his condition was critical and he did not record his statement. P.W. 5 Sanjay Kumar Singh has stated that the injured (informant) was whispering and he could not understand. His statement was recorded at the pressure of the persons assembled there 4 with the help of the relative of the injured and the injured has put his signature with the help of his relative. Fard Beyan was given to Officer-in-Charge (P.W. 8) Shiv Charan Das. At that time the signature of Lalit Kumar Dubey (P.W. 2) and Dr. Ashok Kumar Singh (P.W.3) was not obtained. The restatement of the informant was not recorded. P.W. 1 is not the eye witness. He has seen black colour Yamaha motorcycle driven by Chandrika Yadav and one person was sitting with firearm and he could not identify him. The other motor-cycle was Suzuki on which Ashok Paswan and Manoj Paswan went towards western side. He saw Vijay Prasad Kushwaha was lying on the road in pool of blood. Suzuki motor-cycle was lying there. The police came and took away the injured on jeep. The people were saying that on the Yamaza motorcycle a person like Manager Yadav was sitting. He has also refused to identify the accused in the Court. P.W. 4 Dr. Vijay Kumar Bhatt is the Medical Officer who has performed the post–mortem on the person of the deceased. P.W. 6 Sriram Prasad and P.W. 7 Yogendra Prasad are the witnesses who have witnessed the Inquest report and their signatures are Ext. 4 5 and 4/1, P.W. 7 Yogendra Prasad has identified Ext. 5. P.W. 8 Shiv Charan Das is the Investigating Officer, during cross-examination he has proved the case-diary which has been marked as Ext. A, B and B/1. After hearing learned counsel for both the parties and on perusal of the impugned order, it appears that the learned trial court has considered the evidence adduced on behalf of both the parties and thereafter the accused have been acquitted as aforesaid. Considering the facts and circumstances, stated above, I do not find any ground to interfere with the impugned order. This petition is dismissed. Kanchan (Amaresh Kumar Lal, J.)