IN THE HIGH COURT OF JUDICATURE AT PATNA G. APP. (DB) No.49 of 2008 THE STATE OF BIHAR…….APPELLANT. Versus 1.Pawan Kumar Singh s/o Late Ramnandan Singh. 2.Sanjay Kumar Singh son of Lalit Singh. 3.Sanjeet Kumar Singh son of Lalit Singh. All R/o village Dharhara P.S.Dharahara District Munger.. . .. . . .. . . . . . . . .. REPONDENTS. 6 03.03.2009 This Government appeal was heard at the time of admission. The respondents were tried for the charges under Sections 307/34, 323 and 341 IPC. The allegation on the respondents was that while the informant along with his son Geeta Kumar was going on foot to the Police Station for lodging FIR regarding an altercation with the respondents, the respondents, who were on Motor-cycle came there and dashed them as a result of which informant’s son Geeta Kumar fell down and thereafter the respondents assaulted them with fists and slaps. The cause of occurrence was stated to be previous enmity due to the reason that the respondents were pressurizing the informant to withdraw Title Suit which was going on between them. During trial, the trial court considered that the I.O. and Doctor were not examined in this case. It was also considered that there were contradictions and embellishment in the prosecution case, inasmuch as the informant alleged assault on his son by means of fists and slaps only, but the son stated that he was assaulted by butt of revolver and due to assault, he had become unconscious and had regained consciousness in the Hospital. Any medical certificate or record of hospital was not produced. Considering the infirmities in the evidence and the deficiencies as a result of non-production of I.O. and - 2 - Doctor, the learned trial court found the charges not proved and consequently acquitted the respondents. Mr. Abhimanyu Sharma, learned A.P.P. and Mr.Harshbardhan Sahay, learned counsel for the informant do not point out any other material against the respondents. In such view of the matters, we find no scope of interference into the impugned judgment of acquittal as passed by the learned trial court. Accordingly, this appeal is dismissed at the stage of admission itself. Jay/ (C.M.Prasad,J) (V.N.Sinha,J)