IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41053 of 2008 SANJAY KUMAR SINGH @ SANJAY KUMAR GUPTA Versus THE STATE OF BIHAR With Cr.Misc. No.44509 of 2008 SUDAMA THAKUR Versus THE STATE OF BIHAR ----------- 4. 12.01.2009 Heard Sri Shiv Shankar Sharma and Sri Sunil Kumar, Advocates for the petitioners and Sri Dasrath Mehta, APP for the State. The two petitioners are alleged to have fired two different shots at the deceased as per the FIR and as per the support coming from three witnesses in paragraphs 9, 10 and 11 of the case diary. Petitioner Sudama Thakur is alleged to have fired a shot into the neck of the deceased whereas petitioner Sanjay Kumar Singh @ Sanjay Kumar Gupta is alleged to have fired a shot into his head. While petitioner Sanjay Kumar Singh @ Sanjay Kumar Gupta takes a plea of alibi of being hospitalized in a hospital in Ranchi for some of his serious ailments. The learned Senior counsel appearing for the petitioner Sudama Thakur resorted to indicating the conflict between the oral allegation and the opinion of the doctor expressed in the post-mortem - 2 - examination report. The defence of Sanjay Kumar Singh @ Sanjay Kumar Gupta was further that he was working for a particular man with whom the deceased had some enmity on account of some criminal cases and as such he has falsely been implicated in spite of remaining absent from the scene of occurrence. It was contended that there were other stories also told by some closely related persons to the deceased that it could be persons other than the two petitioners who could have perpetrated the offence. Conflict in medical and oral testimony could be a matter to be decided at the time of trial. This appears more so, if one considers the description of injury no. 2, which injury has not been described as per its margins; whether the margins were inverted or everted, which could really classify that particular injury as wound of exit. The support is there and it hardly requires to be reiterated that plea of alibi has to be proved strictly by the accused at the proper stage of trial. The two petitions are dismissed. DKS/ (Dharnidhar Jha, J.)