IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) NO.1071 OF 2011 NAGENDRA CHOUDHARY SON OF LATE RAMBAHADUR CHOUDHARY, R/O VILLAGE- MATHERI (PASHI TOLA), P.S.- MANER, DISTRICT- PATNA VERSUS 1. THE STATE OF BIHAR 2. SUNIL SAO SON OF KEWAL SAO 3. JAGESH CHOUDHARY SON OF SSARVA CHOUDHARY 2 AND 3 ARE RESIDENT OF VILLAGE- BHATHERI PASITOLA, P.S.- MANER, DISTRICT- PATNA ---------------------------------- 2 21/11/2011 Heard leaned counsel for the appellant and the State. As prayed for, learned counsel for the appellant is permitted to delete the name of respondent no. 4 as he was not put on trial. Present appeal has been filed against the judgment of acquittal passed in Sessions Trial No. 43 of 2006/Trial No. 504 of 2009 by the learned Additional Sessions Judge II, Danapur, Patna whereby the respondent nos. 2 and 3 were acquitted from the charges under sections 302/34 of the Indian Penal Code and section 27 of the Arms Act. Perusal of the impugned judgment shows that the only eye witness to the occurrence is PW 2. According to prosecution case, Sunil Sao, Jagesh Choudhary and Anand Choudhary took the victim for drinking toddy. When Anandi Choudhary and Jagesh Choudhary pushed the victim- Sanju Choudhary on the ground 2 then Sunil Sao caused injury to him by pistol. But PW 2 has deposed before the learned Trial Court that he did not know who caused injury. We find no perversity in the impugned judgment. Accordingly, this appeal is dismissed. (Shyam Kishore Sharma, J.) (Dinesh Kumar Singh, J.) avin