IN THE HIGH COURT OF JUDICATURE AT PATNA G. APP. (DB) No.19 of 2009 THE STATE OF BIHAR Versus FUDAN @ VIVEKANAND CHOUDHARY, Son of Ram Chandra Chaudhary, resident of Village- Hasopur, P.S. Khanpur, District-Samastipur --- Respondent ----------- For the Appellant : Mr.Parmeshwar Mehta, A.P.P. For the Respondent : Mr. Sujit Kumar Singh, Advocate. ---------- 3 14-01-2010 We have heard the learned Public Prosecutor in this Government Appeal. We have also heard the learned counsel for the Respondent. Having heard and gone through the Judgment impugned herein which was passed on 22.1.2009 by the learned Presiding Judge, Fast Track Court No.II, Samastipur in Sessions Trial No.640 of 2006/ 191 of 2006,we are fully in agreement with the reasons recorded by the trial Judge who held that P.W.1 and P.W.9 were not reliable witnesses. The learned Judge has taken such a view only because none of the two witnesses speak about the third injury found on the dead body of the deceased which was caused by a sharp cutting weapon. The learned Judge has further referred to the evidence of the Investigating Officer and the manner under which he arrived at the place of occurrence and has - 2 - recorded that while informing about the murder of the deceased he was not given name of the accused. After having heard and gone through the impugned Judgment, we are of the considered opinion that the view which was taken by the learned Judge was also a possible view. The Judgment does not appear suffering from perversity and the respondent was rightly acquitted. This Govt. Appeal is dismissed. NKS/- ( Dharnidhar Jha, J) ( Rakesh Kumar, J)