IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1648 of 2009 Meena Devi W/O Late Shankar Chaudhary Vill- Saho Bigha, P.S. Ghosi, Distt. Jehanabad. …….Petitioner Versus 1. The State of Bihar 2. Sheo Prasad Mahto, S/O Chandrika Mahto 3. Saryug Mahto, S/O Bhajan Mahto 4. Nagina Mahto, S/O Ganga Mahto 5. Gariban Mahto, S/O Ganga Mahto 6. Tilak Mahto, S/O Bhajan Mahto 7. Raj Nandan Mahto, S/O Sheo Mahto 8. Bindeshwar Mahto, S/O Mosafir Mahto 9. Yugal Mahto, S/O Laldas Mahto 10. Subhan Mian, S/O Alibax Mian (All residents of village-Saho Bigha, P.S.-Ghosi, District- Jehanabad) ….opposite Parties ----------- 2. 23.11.2011 Meena Devi, wife of the deceased has preferred this revision application against the judgment and order dated 23.07.2009 passed by the learned Additional Sessions Judge, F.T.C.I, Jehanabad in S.T. No.216/1984 (Gaya)/752/1992 (Jehanabad)/ 85/2001 (F.T.C.1) by which the accused opposite party nos. 2 to 10 have been acquitted from the charges under Sections 148, 323, 302/149 of the I.P.C. The prosecution case, in brief, is that the informant Chaukidar Babu Lal Paswan heard the Hulla and he went near the bus stand and found that many persons had 2 assembled there. Subhan Mian was injured. Subhan Mian told him that dacoity has been committed into his house and the villagers have chased the dacoits and two out of them have been apprehended by the villagers and they had assaulted them also. Sukku Chaudhary was injured while Shankar Chaudhary died. The informant showed the dead body of Shankar Chaudhary in the plot of Kiphayat Mian and a Deshi gun, a live cartridge, three empty cartridges and a bag were lying there. On the fardbeyan of the informant, Ghoshi P.S. Case No.25 (2)/1983 dated 14.02.1983 was instituted under Section 304 of the I.P.C. against unknown. After investigation, charge-sheet was submitted against 11 persons for the offence punishable under Sections 147, 148, 149, 302, 323 and 109 of the I.P.C. Cognizance was taken. The case was committed to the court of sessions. One of the accused Ganga Mahato died before the commitment and the proceeding against him was dropped. The accused Suresh Mahato died after the commitment and proceeding against him also dropped. Nine accused have faced the trial. After the trial, all the accused have been acquitted by giving them the benefit of doubt. 3 The learned counsel for the petitioner submits that altogether 13 witnesses were cited in the charge-sheet. Out of them, 11 witnesses have been examined and 5 defence witnesses have been examined. He has further submitted that all the prosecution witnesses have stated that the accused chased the deceased dragged him out from the house of Subhan Mian and they assaulted him severely causing death of the deceased. The evidence shows that Subhan Mian lodged a false case of Dacoity and he has created a defence by lodging a counter case. The learned counsel for the State submits that the learned trial court has considered the evidence adduced on behalf of the prosecution as well as the defence and not a single independent co-villager has come forward to support the case of the prosecution. The involvement of the accused in the alleged murder and assault are under serious doubt, which has not been answered satisfactorily by the prosecution and the accused are entitled to get the benefit of doubt. It is settled principle of law that benefit of doubt has to be given to the accused. The learned trial court has considered the evidence of both the parties minutely and thereafter, the impugned order has been 4 passed acquitting the accused by giving them the benefit of doubt. There is no occasion to interfere with the impugned order by this Court. After hearing the learned counsel for both the parties and on perusal of the impugned judgment, it appears that the contention of the learned counsel for the State is correct. The learned trial court has carefully considered the evidence adduced on behalf of both the parties. The prosecution has not been able to prove its case beyond reasonable doubt. It has been found that not a single co-villager has supported the case of prosecution. The learned trial court has discussed the evidence of both the parties minutely and has come to the finding that the prosecution has failed to prove its charge against the accused beyond reasonable doubt and the accused have been given the benefit of doubt and accordingly, they have been acquitted. For the reasons aforesaid, I do not find any ground to interfere with the impugned order, this petition is dismissed. V.K. Pandey ( Amaresh Kumar Lal, J.)