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Judgment
Shyam Kishore Sharma, J.—Heard learned counsel for the parties. This application has been filed against the judgment dated 14.8.2004 passed by Additional Sessions Judge, Fast Track Court No. I, Motihari in Sessions Trial No. 156 of 1993/604 of 2003 whereby accused persons namely, opposite party nos. 2 to 4, were acquitted after trial.
The accused persons were charged for offences u/s 307/ 34 of the Indian Penal Code and 27 of the Arms Act. After trial, they were acquitted on the ground that the conducts of the doctor, PW. 5, and the Investigating Officer, P.W. 6, were found to be doubtful and on the other hand, the defence has established that on the date of occurrence, one of the accused namely, opposite party no. 3 was at Delhi on the date of occurrence. Once it was proved that one of the accused was not present at the time of occurrence, the doubt was created in the mind of the Presiding Officer and he gave the benefit of doubt to the accused person which he has rightly done. There is no ground to interefere with the order of acquittal. There is no merit in this application and the same is dismissed.