IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.35 of 2010 JAI KRISHNA JHA… ……….. . . .Appellant. Versus 1.STATE OF BIHAR. 2.Shyam Kishore Jha. 3.Kaushal Kishore Jha. 4.Himanshu Shekhar ….. . . . …..O.Ps. ----------- For the O.P. 2 to 4: : Mr. Subodh Kumar Jha. Mr.Pranav Kumar Jha Mr.r.C.Jha,Advs. For the Appellant Mr.Suinil Kumar Singh, Adv. For the State : Mr.Ajay Mishra, A.P.P. - - - - - 04. 27.09.2010 This application is for grant of leave to file appeal against the appellate judgment dated 16th April 2010 of the 2nd Addl. Sessions judge, Naugachia passed in Cr.Appeal no. 76 of 2000 whereby the O.P.Nos. 2 to 4 have bee acquitted of the charge u/s 379/34 IPC by way of reversing the judgment of conviction and sentence dated 19th May 2009 of the Sub-divisional Judicial Magistrate, Naugachia as passed in Complaint Case no. 326 of 2002/163 of 2009 whereunder the O.Ps. stood convicted of the charge u/s 379/34 IPC and with regard to the quantum of sentence they were directed to execute probation bond for a period of one year with the undertaking to maintain peace and be of good behavior during the period. The complainant and the O.P.Nos. 2 to 4 are members of the joint family related as agnates. The complainant’s case was that on 24th October 2002 at about 8:00 A.M. when he had gone to look after his agricultural field, the O.Ps came to him and O.P.Kaushal Kishore Jha and Barku @ Himanshu Shekhar put pistol on him and on the orders of O.P.Kaushal Kishore Jha, snatched his wrist watch and Barku took out Rs.260/- from the upper pocket of his shirt. The petitioner-complainant alleged that he had gone to the Police 2 Station but his case was not taken, hence, he filed the complaint. The complaint was filed on the same day. On the complaint, enquiry was made and on enquiry a prima facie case u/s 379/34 IPC was found and the O.Ps. were tried for the offence. Including the complainant-petitioner, 4 witnesses were examined. They stated about the occurrence and on conclusion of trial, the O.Ps. were convicted and the order to execute probation bond with regard to sentence was passed by the trial court The O.Ps. filed appeal against the order of conviction and sentence as passed by the learned trial court. While passing the appellate order of acquittal, the learned Sessions Judge discussed that the parties were at deep enmity due to several cases under section 144 and 107 IPC pending between them. It was also considered that the complainant did not show any motive for the commission of the offence. Further discussion was that the complainant had alleged a case under section 392 IPC but only a prima facie case under Section 379 IPC was found and, thus, it was considered that the complainant had tried to highly exaggerate the matter and he did not put the real facts of his case. The learned Sessions Judge also considered that the witnesses appeared to be adducing parrot like statement for the purpose of supporting the case. Learned counsel for the O.Ps. submitted that according to the complainant, the property was joint family property but the complainant tried to put his separate claims without partition over certain properties and in order to strengthen his claim, he instituted the case without genuine grounds. It was also pointed out that the 3 learned Sessions Judge has considered an important circumstance that D.W.4 Patrika Devi, the widow of Sri Krishna Jha, the full brother of the complainant has testified to have executed the sale- deed in favour of O.P. Shyam Kishore Jha and that it was also a ground to have nurtured grudge in the complainant to file case against the O.Ps. for pressurizing him. In view of the facts and circumstances, as discussed above, the learned Sessions Judge found that the prosecution case was not proved beyond doubt and, therefore, the O.Ps were acquitted. Considering the discussions as made by the learned Sessions Judge, I do not find any perversity and illegality in the judgment impugned and, therefore, I see no reason to make any interference in it. In the result, this SLA is dismissed at the stage of admission itself. Jay/ (C. M . Prasad, J.)