Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1168 of 2010 ====================================================== Savitri Devi wife Shubhuklal Prasad, resident of village- Bhutoli Anchal,, P. S. Chatham, Dist. Khagaria. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Krishandeo Prasad Yadav, son of Late Dhyand Prasad 3. Pravin Prasad son of late Ravindra Prasad 4. Rajendra Prasad son of late Kamaldeo Prasad 5. Tuntun Prasad son of Late Dhyanand Prasad 6. Naresh Prasad son of Late Tilak Dhari Prasad 7. Manoj Prasad son of Late Tilak dhari Prasad 8. Vinod Prasad son of Late Tilak dhari Prasad All residents of village- Bhutoli Nalafa P.S. Chautham, Dist. Khagaria. .... .... Opp. Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bishweshar Ram, Adv. For the State : Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 2 07-08-2012 After having heard learned counsel for the petitioner and the learned Additional Public Prosecutor, appearing on behalf of the State, this Court does not find any cogent ground for interfering with the judgment of acquittal of accused opposite party no.2 to 8 for charges under [STATUTE] . Learned Judicial Magistrate, 1st Class, Khagaria by the impugned judgment dated 29.04.2010 passed in G.R. No. 321 of 2002/ Trial No. 1442 of 2009 has come to a finding that there is a bonafide land dispute between the parties and both sides have been claiming their right, title and possession over the lands in question, from where wheat crops were allegedly harvested by accused opposite party no.2 to 8. Admittedly, I.O. has not been examined in the present case. On the basis of these findings, the judgment of acquittal has been recorded by the learned trial court. Patna High Court CR. REV. No.1168 of 2010 (2) dt.07-08-2012 2 / 2 2 No case for interference is made out. The application stands dismissed. BTiwary/- (Birendra Prasad Verma, J)

Applicable IPC Section: 379

Statute Text:
Section 379 of the Indian Penal Code. Theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.