IN THE HIGH COURT OF JUDICATURE AT PATNA CR APPL (DB) No 673 of 2011 Most Tileshwari Devi Versus Nasib Gope & Ors ----------- 2 21.07.2011 Heard the learned counsel for the appellant. This is an appeal against acquittal. We have perused the judgment under appeal and in our view, there is no infirmity either of fact or law committed by the learned Sessions Court. As apparent from the judgment, it is a petty dispute between two neighbours for which a case under Sections 395, 397, 323 of Indian Penal Code has been instituted. The accused persons are all of one family of the next house to that of the appellant. It is admitted that between the two parties, there has been longstanding dispute with regard to the intervening Gali (footpath). The trial Court has noted that there is allegation against the accused persons of using firearm and shooting one of the injured on the thigh with the firearm. No injury report whatsoever has been produced. No doctor in support thereof has been examined. The Investigating Officer has not been examined. Though in the first information report, all the respondents were named, police could not make any recovery from their house. Additional Sessions Judge has held that it could not be safe to hold the accused persons guilty under such circumstances. In our view, there is nothing wrong in what has been said by the learned Judge. Leave is refused. This appeal is, accordingly, dismissed. M.E.H./ (Navaniti Prasad Singh) (Ashwani Kumar Singh)