IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1650 of 2009 Pranav Kumar Mishra @ Gobardhan Mishra S/O Rajendra Mishra Vill.- Chousa, P.S.- Buxar (M), Distt.- Buxar. ………Petitioner Versus 1. The State Of Bihar 2. Jamuna Mishra S/O Jagar Nath Mishra Vill.- Chousa, P.S.- Buxar (M), Distt.- Buxar 3. Radhe Shyam Mishra S/O Raghubir Mishra Vill.- Chousa, P.S.- Buxar (M), Distt.- Buxar 4. Radhe Shyam Mishra S/O Raghubir Mishra Vill.- Chousa, P.S.- Buxar (M), Distt.- Buxar 5. Radha Mohan Mishra S/O Raghubir Mishra Vill.- Chousa, P.S.- Buxar (M), Distt.- Buxar 6. Rajesh Kumar Mishra S/O Radhe Shyam Mishra Vill.- Chousa, P.S.- Buxar (M), Distt.- Buxar 7. Tripurari Mishra S/O Radha Mohan Mishra Vill.- Chousa, P.S.- Buxar (M), Distt.- Buxar. ………..Opposite Parties ----------- 2. 24.11.2011 The informant has preferred this revision application against the judgment and order dated 20.08.2009 passed by the learned Additional Sessions Judge, II, Buxar in Sessions Trial No.10/2006 arising out of Buxar (Muffasil) P.S. Case No.48/2004 corresponding to G.R. No.472/2004 by which the accused opposite party nos. 2 to 7 have been acquitted from the charges under Sections 307/149, 341, 504 and 447 of the I.P.C. The prosecution case, in brief, is that on 11.04.2004 at about 11.00 A.M. the informant alongwith his brother Praveen Kumar Mishra was sitting on his door. At that 2 time, all the accused persons armed with Lathi, Danda and Farsa came there and started assaulting. Accused Jamuna Mishra was armed with Farsa and he assaulted on the head of Praveen Kumar Mishra by Farsa with intention to kill and he received injury on his head. On Hulla, accused Radhe Shyam Mishra assaulted informant by Lathi on his head. When villagers came there, then accused Radhe Shyam Mishra fired from his Katta and all accused persons abused and thereafter fled away. On the basis of fardbeyan of the informant, Buxar (Muffasil) P.S. Case No.48/2004 was lodged against the accused person. After investigation, charge-sheet was submitted. Cognizance was taken. After the trial, the accused have been acquitted. Heard Mr. B.J.Ojha, the learned counsel for the petitioner and Dr. Rabindra Kumar, the learned counsel for the State. The main contention of the learned counsel for the petitioner is that in spite of sufficient evidence against the accused, they have been acquitted. The learned counsel for the State submits that evidence of the witnesses have not been found to be 3 trustworthy. The informant and injured have been examined. No independent witness has been examined in this case. After hearing the learned counsel for the petitioner and the learned counsel for the State as also on perusal of the impugned order, it appears that the learned trial court has considered the evidence adduced on behalf of the prosecution as well as the documentary evidence produced on behalf of the accused. The learned trial court has also considered the certified copy of the charge-sheet of Buxar (Muffasil) P.S. Case No.47/2004 from which, it appears that this case has been filed by Tripurari Mishra, opposite party no.6 against Praveen Mishra, injured of this case and Pranav Mishra, informant of this case and Rajendra Mishra. It has also been found that the police has submitted charge-sheet against the aforesaid accused persons. After considering all these materials, the learned trial court has found and held that the prosecution has not been able to substantiate its case beyond reasonable doubt. Thereafter, the impugned order has been passed. Considering the facts and circumstances stated above, I do not find any ground to interfere with the 4 impugned order. This petition is dismissed. V.K. Pandey ( Amaresh Kumar Lal, J.)