(1.) Through the present Government Appeal, the judgment of acquittal dated 12.03.1993 passed by the learned 2nd Additional Sessions Judge, Siwan, in Sessions Trial No. 102 of 1992 has been challenged on the ground that the learned trial Court has not appreciated the evidences of eye-witnesses in right perspective and has recorded the judgment of acquittal on perverse findings.
(2.) Before coming to the points raised by the appellant in the present appeal, the brief factual matrix is necessary to be dealt with.
(3.) On the basis of aforesaid fardbeyan, Maharajganj P.S.Case No. 70 of 1991 was registered on 23.6.1991 at 4.00 p.m. under Sections 302/34 of the Indian Penal Code. Harendra Singh (not examined) and Nawal Kishore Singh (P.W. 2) were made attesting witnesses to the FIR The said FIR was transmitted to the Court on 27.6.1991.