IN THE HIGH COURT OF JUDICATURE AT PATNA G. APP. (DB) No.1 of 2010 THE STATE OF BIHAR Versus UPENDRA SINGH & ANR ----------- 3. 11.1.2010. The limitation intervening in the filing of the appeal is hereby condoned. We have heard Sri Permeshwar Mehta, learned A.P.P. for the State on this Govt. Appeal and after noting the findings of the court below on the very competence of the witnesses, we are not inclined to admit this appeal simply for the reason that P.Ws.2 and 3 have not been held as eye witnesses and P.W.5 appears exonerating the two appellants. As regards the informant his version has not been acceptable by the court below and to us also for the reason that in spite of the deceased being seriously injured, he was not taken to any hospital nor any information was lodged and the man was admitted only the next morning to a hospital. The court below appears drawing inferences correctly even if it is adverse to the prosecution on justifiable reasons and in that view of the matter, We dismiss the present Govt. Appeal as not fit to be admitted. B.Kr. ( Dharnidhar Jha, J. ) ( Rakesh Kumar, J. )