IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1347 of 2010 GOPAL SINGH …PETITIONER Versus 1. THE STATE OF BIHAR 2. RADHA KRISHNA SINGH …OPPOSITE PARTIES ----------- 04. 29.09.2010 Nobody appears either on behalf of the petitioner and the State. Petitioner is aggrieved by the order dated 25th November,2009, passed by 3rd Addl. Sessions Judge, Muzaffarpur in Cr. Appeal No. 8/2002, whereby the learned lower appellate court has disposed of the appeal in the following manner: “From perusal of the impugned judgment and order, the case record as well as the L.C.R. it appears that the learned court below has appreciated all the evidences adduced on behalf of the prosecution in detailed and correctly but the learned court below has failed to consider that the night was dark and there was no source of light to identify the accused as mentioned. Further the informant himself has deposed in his examination in chief that the accused persons told to kill the informant before the occurrence anywhere but how the informant knew, the fact no where mentioned, and his cross-examination he also conceded that Reju Devi wife of accused Kapildeo has also filed a case against the informant and others in which the informant went to jail. Therefore, it appears that there was also enmity in between both the sides. The I.O. has also not been examined in this case and the learned court below has maximum awarded the sentence for one year which comes under the scope of Sec.3 of Probation of Offenders Act. The learned court below is directed to give benefit under the provision.” This Court on consideration of the order is not 2 satisfied that a case for interference is made out. The application is accordingly dismissed. hr ( Kishore K. Mandal )