IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.250 of 2009 BIRENDRA BHAGAT SON OF KAILASH BHAGAT, R/O- VILLAGE SHAHPUR, P.S.- GOPALPUR, DISTRICT- GOPALGANJ. Versus 1. THE STATE OF BIHAR 2. ARBIND BHAGAT SON OF GORAKH BHAGAT 3. SADHU BHAGAT, SON OF SHEONATH BHAGAT BOTH RESIDENTS OF VILLAGE- SHAHPUR PAKARIYAR, P.S.- GOPALPUR, DISTRICT- GOPALGANJ. For the State : Mr. Ram Chandra Singh, APP ----------- 2 25.10.2010 Petitioner is the igniter of the criminal proceeding which gave rise to Sessions Trial No. 194 of 2001 of the Court of 1st Assistant Sessions Judge, Gopalganj. Learned trial court acquitted the accused (O.P. nos. 2 and 3) of the charge punishable under Sections 341, 323, 307 and 34 of Indian Penal Code. It appears that only P.Ws. 1, 2 and 7 have supported the prosecution case. The doctor as also the I.O. was not examined on behalf of the prosecution. Learned trial court appraised their evidence in paragraph nos. 11, 12, 13 and 14 and found that their evidence was not convincing enough to convict the accused. In my view, invocation of my jurisdiction under Sections 397/401 shall not be an appropriate exercise of jurisdiction in the facts and circumstances of the case. The application is dismissed. pkj ( Kishore K. Mandal, J. )