CRIMINAL APPEAL(U/S) No.27 OF 1993 Against the judgment and order of acquittal dated 29.5.1992 passed by Sri R.J.Pal, Judicial Magistrate, Ist Class, East Champaran, Motihari in Complaint Case No.1307C of 1990/Trial No.136 of 1992. -------- MANKESHWAR PRASAD VERMA son of Nathuni Prasad Verma, Resident of village Bahadurpur, P.S.-Govindganj, Dist.-East Champaran. ----------------Appellant Versus 1.ASRADIN RAI son of Sadish Rai 2.Bipin Rai son of Asradin Rai 3.Bhagirath Rai son of Asradin Rai All resident of village Bahadurpur, P.S.-Govindganj, Dist.-East Champaran --------Respondents P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH -------- Anjana Prakash,J. No one appears. The appellant is aggrieved by judgment and order of acquittal dated 29.5.1992 passed by Shri R.J.Pal, Judicial Magistrate, Ist Class, East Champaran, Motihari, in Complaint Case No.1307C of 1990/Trial No.136 of 1992 by which he has acquitted the respondents of the charges under sections 447 and 379 of the Indian Penal Code. The prosecution case is that on 30.11.1990 at 3 P.M. the respondent nos.1 to 3 committed theft in the land of the complainant and when he enquired about the same they were ready to assault him. The complainant in support of its case examined four witnesses and also exhibited certain documents whereas the defence also exhibited certain documents in support of the fact that there was a proceeding pending between them under section 144 Cr.P.C. The trial court while acquitting the respondent-accused has concluded that the complainant had given contradictory statement - 2 - about the manner of occurrence and the witnesses inter se have contradicted themselves on the question of being present at the place of occurrence. In the back ground of the criminal proceeding under section 144 Cr.P.C. pending between them, the trial court did not accept the prosecution case beyond all reasonable doubts. For the reasons stated above, the respondents were acquitted. On going through the judgment of acquittal and the lower court records I find that the judgment is well considered and does not suffer from any perversity and infirmity which would warrant interference in the same. In the result, this appeal is dismissed. Patna High court The 17thDecember,2009 Md.S. (NAFR) (Anjana Prakash,J.)