IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1117 of 2009 TANIK KUMAR Versus STATE OF BIHAR For the Petitioner : - Mr. Rajeev Nayan, Advocate For the O.P. : - Mr. Jharkhandi Upadhayay, APP ------------ 02/ 20.07.2009 Heard both sides. Petitioner is aggrieved by the appellate order dated 22.5.2005 passed by the learned Additional Sessions Judge, F.T.C. II, Nawada in Criminal Appeal No. 25 of 2005/ 08 of 2007, whereby he has dismissed the appeal and confirmed the judgment and order of conviction and sentence recorded by the learned Judicial Magistrate, Ist Class, Nawada in Trial No. 467 of 2005 (arising out of Akbarpur P.S. Case No. 44 of 1997). Petitioner was found in unlawful possession of 112 bags of Poshahar loaded on a tractor which was meant for children under national programme sponsored by the Government of India to be used at the Anganbari Kendra. The prosecution for proving the charge, examined four witnesses including P.Ws. 3 and 4 (seizure witnesses). On consideration of the evidence both oral and documentary the trial court found and held the petitioner guilty under Section 414 of the IPC and sentenced to undergo R.I. for one year. Aggrieved thereby the petitioner, as noted above, moved in appeal. The appellant court elaborately considered the evidence on record and also the submissions advanced on behalf of the parties. The appellate court took the view that non-examination of the complainant - 2 - (Deputy Collector) has not at all caused any prejudice to the petitioner. The court below has taken assistance of section 114 of the Evidence Act in order to come to the finding that the charge levelled against the petitioner stood proved beyond reasonable doubts. Learned counsel has not demonstrated any infirmity in such consideration made by the lower appellate court. This Court does not find any merit in the application, which is, accordingly, dismissed. DKS/ (Kishore K. Mandal, J.)