IN THE HIGH COURT OF JUDICATURE AT PATNA G. APP. (DB) No.14 of 2011 THE STATE OF BIHAR ----- APPELLANT Versus 1. SURYADEO RAI SON OF LATE BHOLA RAI RESIDENT OF VILLAGE BHUPBHAIRO LAPTI TOLA, P.S.& DISTRICT SITAMARHI 2. JAINATH RAI SON OF LATE NAVAL RAI 3. JEEVACHH RAI SON OF LATE DHANESHWAR RAI BOTH RESIDENT OF VILLAGE MAHUAIN,P.S. BAJPATTI,DISTRICT SITAMARHI ---- RESPONDENTS ----------- 03/ 10.05.2011 Heard learned Standing counsel XI for the State-appellant. This appeal has been preferred on behalf of the State for grant of Special Leave to Appeal against the judgment dated 25.06.2010 passed by Sri Surendra Prasad pandey, Additional Sessions Judge, Fast Track Court No.III, Sitamarhi in Sessions Trial No. 101 of 1999/321 of 2002 whereby the accused- respondents who were charged under sections 302/34 and 201 of the Indian Penal Code have been acquitted. We have heard the submissions and perused the judgment. In this case, doctor has not been examined. The viscera was preserved and chemical report was not available before the trial court. The case was based on circumstantial evidence and the chain of circumstances were not complete. In such sketchy evidence, the trial court was 2 not in a position to convict the accused persons. So the order of acquittal was passed. We find that the trial court has rightly acquitted the accused persons. The impugned judgment does not suffer from any illegality. So, there is no material to grant the special leave to appeal. Accordingly, this appeal is dismissed. Since the appeal itself has been dismissed, there is no need to consider the limitation petition. Accordingly, the limitation petition also stands dismissed. Tahir/- ( Shyam Kishore Sharma, J. ) ( Gopal Prasad, J.)