IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.907 of 2008 JITENDRA PRASAD SINGH S/O- LATE SHIV BALAK SINGH, R/O- VILLAGE- CHANDSARAI, P.O.- CHANDSARAI, P.S.- JANDAHA, DISTRICT- VAISHALI. Versus 1. THE STATE OF BIHAR 2. YUGESHWAR PODDAR, S/O- LATE CHALITAR PODDAR 3. BIJAY KUMAR PODDAR, SON OF YUGESHWAR PODDAR BOTH RESIDENTS OF VILLAGE- CHANDSARAI, P.O.- CHANDSARAI, P.S.- JANDAHA, DISTRICT- VAISHALI. For the petitioner : Mr. Ramesh Singh, Advocate. For the State : Mr. Ansarul Haque. APP For the O.P. : Mr. Ajay Kumar, Advocate. ----------- 4 14.12.2010 Heard learned counsel for the petitioner and the State. Petitioner is the informant (P.W. 5) and therefore, igniter of the criminal proceeding, which gave rise to Sessions Trial No. 295 of 2001 of the Court of Addl. Sessions Judge-cum- F.T.C.-II, Vaishali at Hajipur whereby on a consideration of the materials on record it was found that the prosecution has failed to prove the case beyond shadow of reasonable doubt under Sections 307 and 34 of Indian Penal Code. However, on a consideration of the materials on record, it has been found that the allegations contained therein read in the light of evidence on record make out a case punishable under Section 323 of Indian Penal Code and accordingly, they were dealt with in terms of the Probation of Offenders Act, Learned counsel for the petitioner submits that admittedly one of the injuries sustained by the informant (P.W. 5) was on the head. On the other hand, Counsel for the O.P. Nos. 2 2 and 3 submits there is no injury report on record indicating the nature of injury sustained by the informant (P.W.5). Injured informant was not even found treated in the hospital where he was referred to. I have considered the submissions made on behalf of the parties and perused the materials on record including the impugned judgment. Learned Trial Court upon appraisal of the evidence on record, has come to a conclusion which is a possible view based on the evidence on record. Accordingly, I am of the view that there is no patent illegality in the impugned order justifying any interference. The application is dismissed. pkj ( Kishore K. Mandal, J. )