IN THE HIGH COURT OF JUDICATURE AT PATNA G. APP. (SJ) No.1 of 2010 STATE OF BIHAR.............................................................Appellant. Versus 1. Bijay Bhagat, Son of Late Ganesh Bhagat. 2. Rajesh Bhagat. 3. Raj Kumar Rai, both sons of Bijay Bhagat. 4. Shila Devi, wife of Bijay Bhagat. 5. Alka Kumari. 6. Soni Kumari. Both daughters of Bijay Bhagat. All R/O Mohalla- Gole Bazar, Muliganj, P.S. Murliganj, District-Madhepura........Respondents. ----------- 3. 05.04.2010. I.A. No. 692 of 2010: This Interlocutory Application has been filed for condonation of delay in filing of the appeal. From perusal of the Interlocutory Application, it appears that there is limitation of 107 days in filing of the appeal and no cogent explanation for delay has been made out. In view of the aforesaid fact, I am not inclined to interfere with the limitation condonation matter more over there is no merit in the appeal. Accordingly, I.A. No. 692 of 2010 is dismissed. This Government Appeal has been filed against the judgment and order of acquittal passed in Special Case No. 61(C)of 2002 by Sri Rudra Pratap Singh, learned Ist 2 Additional Sessions Judge–cum-Special Judge S.C./S.T. (Prevention of Atrocities)Act, Saharsa, dated 28.08.2009 whereby the respondents have been acquitted in a case in which charges were framed under Sections 147, 323, 379/149 of the Indian Penal Code and Section 3(1)(x) of S.C./S.T.(Prevention of Atrocities) Act. From perusal of the judgment of the acquittal, it appears that the complaint has not been exhibited whereas P.W.2 has stated in the complaint that he went to the temple alongwith his wife and Ramjee Yadav whereas Ramjee Yadav in his evidence in paragraph no.12 has stated that he went to the temple alone. Hence not only the evidence of the witnesses is contradictory but some of the witnesses have not supported the case as alleged in the complaint petition. In that view of the matter, I do not think it proper to interfere with the order of acquittal dated 28.08.2009 passed by the learned Ist Additional Sessions Judge-cum- Special Judge(S.C./S.T.Act),Saharsa, in Compliant Case No. 61 (C) of 2002. 3 Accordingly, this appeal is also dismissed on merits. U.K. (Dinesh Kumar Singh,J)