IN THE HIGH COURT OF JUDICATURE AT PATNA CR APPL (DB) No 709 of 2011 Harinath Singh Versus The State Of Bihar & Ors ----------- 2 02.08.2011 This is an appeal against acquittal by the informant. Having heard Shri Chandra Shekhar Prasad Singh, learned Senior Counsel in support of the appeal and having perused the records, we are fully satisfied that the judgment of acquittal requires no interference. The learned trial Court has copiously noted the previous enmity and long series of litigations between the parties. He has noted that the present incident started with alleged theft of banana. He has rightly held that the injuries alleged on the prosecution side have not been duly proved. He has thoroughly examined all evidences including noting that there was injury on accused persons for which prosecution could give no explanation. The trial Court has also noted that there was a counter case as between the parties which has also ended in acquittal. The charge was under Sections 379 and 307/149 of Indian Penal Code. Once, when the specific story of injury having been caused, does not stand established, we find it difficult to hold that the trial Court erred in not convicting the opposite parties under Section 307 much less read with Section 149 of Indian Penal Code thereof. The charge of theft does not even stand on the allegations, as made. We, therefore, find no reason to interfere. This appeal is, accordingly, dismissed. M.E.H./ (Navaniti Prasad Singh) (Ashwani Kumar Singh)