IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.14 of 2009 SHATRUGHAN MAHTO Versus THE STATE OF BIHAR & ORS ----------- For the petitioner: Mr. Bharat Lal,Advocate. For the State: Mr. R.B.Rai,APP. 02 03.02.2009 Heard. Petitioner takes exception to the judgment and order of acquittal dated 12 of December, 2008 passed by the learned trial court( Judicial Magistrate, Ist Class, Jahanabad) in Complaint No. 76/98( Trial No. 457/2008). By the said impugned judgment the accuseds/ opposite party nos. 2 to 5 have been acquitted of the charges punishable under Sections 341,323,448, 504 and 380 of the Penal Code. Learned counsel for the complainant/petitioner accepts before this court that both the parties are close relatives. The dispute had arisen over partition of a piece of land. Prosecution got examined three witnesses including the complainant (P.W.2), whereas, the defence also adduced evidence and brought on record documents. The learned trial court, on appraisal of the materials available on record took the view that both the parties are locked in dispute over partition of a piece of land. Independent witnesses cited in the complaint have not been produced. The learned trial court has also taken into consideration the contradictions in the evidence so far as the manner of the occurrence and the means of identification are concerned. 2 This court does not find any patent illegality in the judgment. The application seeking leave to file an appeal is no merit, which is accordingly dismissed. Sym ( Kishore K. Mandal, J.)