IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1232 of 2008 1. SHEOPUJAN BAITHA, S/o Late Kedar Baitha 2. Paldhari Ram, S/o Late Mahabir Ram Both R/o Village- Hirama, P.S.-Tariyani, District-Sheohar. …. Petitioners. Versus 1. STATE OF BIHAR 2. Lalmohan Sah, S/o Sitaram Sah 3. Harendra Sah, S/o Lalmohan Sah Both R/o Village- Rajadih, P.S.-Tariyani, District-Sheohar …. Opposite Parties. For the petitioners : Mr. Hanslal Kumar, Advocate For the State : Mr. Jharkhandi Upadhyaya,A..P.P ----------- 2 01-07-2010 Heard both sides. Petitioners herein claiming themselves to be eye witnesses of the occurrence giving rise to S.T. Case No. 36/08/3/08 of the Court of Additional District Judge-Fast Tract Court-I, Sheohar, Sitamarhi seek to challenge the judgment and order of acquittal dated 16.07.2008 recorded by the learned trial court. The dead body of Raj Kumar Sah, brother of informant Sanjay Sah, was found deserted in a field. An F.I.R. was lodged in which a suspicion was raised that there were some business rivalries with the accuseds (O.P. Nos. 2 and 3) and as such they might have indulged in the commission of the crime. At the trial, the prosecution examined five witnesses. Out of them, doctor has been examined as PW-1, who has found fire arm injury on the person of the deceased. The other witnesses including the informant, it appears, did not support the prosecution case. Resultantly, at the instance of prosecution, they were declared hostile. 2 It is the admitted position that the investigating officer of the case was also not examined. In this factual scenario, learned trial court has recorded the finding that PWs. 2 and 3, who have already been declared hostile, were admittedly not the eye witnesses. PW-4 Lalita Devi, who is the wife of the deceased, has not stated any word implicating the present accused persons put on trial (O.Ps. herein). Faced with this situation learned trial court has recorded the order of acquittal. This court finds no infirmity and/or patent illegality in the order meriting any interference. The application is devoid of merit. It is accordingly dismissed. Sujit ( Kishore K. Mandal, J.)