IN THE HIGH COURT OF JUDICATURE AT PATNA G. APP. (DB) No.41 of 2008 THE STATE OF BIHAR----------------Appellant. Versus 1. SAJJAN SINGH 2. Bhushan Singh Both sons of Late Ram Lakhan Singh 3. Suddu Singh, S/O Sajjan Singh 4. Arbind Kumar, S/O Sakaldeo Singh Respondents 3 and 4 are residents of village Hathiawan, P.S. Sheikhpura, District Sheikhpura 5. Bipin Singh 6. Anil Singh 7. Surendra Singh Respondents 5,6, and 7 are sons of Sukhdeo Singh, R/V Sagma, P.S. Kashichak, District Nawadah -------------------------Respondents. ----------- 04. 19.01.2009. This Government Appeal has been heard at the stage of admission. The seven respondents along with one Ranjit Kumar @ Guddu Singh were tried on the charges under Sections 147, 148 and 302/149 of the Indian Penal Code and Section 27 of the Arms Act before the Additional Sessions Judge, F.T.C.-V, Sheikhpura in Sessions Trial No. 536/2002/39/2008 and consequent to the trial said Ranjit Kumar @ Guddu Singh was convicted under Section 302 I.P.C. and Section 27 of the Arms Act and the seven respondents were acquitted of the charges. The prosecution story is that the respondents and the said Ranjit Kumar @ Guddu Singh, variously armed with pistol and rifle came outside the house of the informant and resorted to firing. The deceased, Suresh Singh, the father of the informant came out and protested the respondents, whereafter the respondents chased him. The deceased ran towards the roof of his house to save his life but was shot by said Ranjit Kumar @ Guddu Singh in his stomach at the roof. The - 2 - deceased was referred to P.M.C.H., Patna and while he was on way to P.M.C.H., he died. During the trial, the informant was examined as P.W.-6 and two other witnesses, namely, P.Ws. 5 and 9, who are respectively the cousin and full brother of the informant were also examined. The informant and these two witnesses stated about the occurrence that the respondents being variously armed with pistols, fired shots and on protest by the deceased, he was chased and said Ranjit Kumar @ Guddu Singh shot the deceased on the roof of his house. In this case, four other witnesses, namely, P.Ws 1 to 4 were also produced by prosecution before the trial court but those four witnesses turned hostile as they did not support the prosecution story. They stated that they had not seen any occurrence. We find it interesting that the prosecution did not even care to bring on record their police statement by way of drawing their attention to that statement in order to show before the trial court that those witnesses had supported the prosecution story before the Investigating Officer. The Investigating Officer mentioned in his evidence that he had visited the place of occurrence and found brickbats from the roof of the deceased. We find that in the prosecution story, there is nothing that any brickbatting was resorted to between the parties. The informant and the respondents are found to be the members of the same family and it appears that there was enmity prevailing between them. In view of the evidence and the facts and circumstances of - 3 - the case, the learned trial court found the charge of murder proved against the accused Ranjit Kumar @ Guddu Singh and he was accordingly, convicted under Section 302 I.P.C. and Section 27 of the Arms Act. The learned trial court, specially considered that the informant was, though corroborated by P.Ws. 5 and 9 but those two witnesses were his close relatives and they were interested also. Specially considering that the independent witnesses, namely, P.Ws. 1 to 4 did not support the prosecution story indicating the complicity of the respondents, the learned trial court was not satisfied with the participation of the respondents in the alleged crime. Therefore, they have been acquitted. Considering the facts and circumstances of the case, we are satisfied that the judgment of acquittal as passed by the learned trial court, acquitting the respondents needs no interference. In such view of the matter, leave to appeal is refused and this Government Appeal stands dismissed at the stage of admission. Rajesh/ (C. M. Prasad, J.) (V.N.Sinha,J.)