IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.11 of 2008 SHIV KUMAR PRASAD Versus 1. THE STATE OF BIHAR 2. RAMASHRAI SINGH 3. RAM NANDAN SINGH ----------- 4 09.01.2009 Heard. The petitioner takes exception to the judgment and order of acquittal dated 27.5.2003 recorded by the learned Lower Appellate Court. It appears that the case initially proceeded on the basis of an F.I.R. lodged by the father of C.W. 4 namely Baijnath Sah (since deceased). Police found the case not true and hence the case was taken up on the protest petition filed by the complainant. Learned Trial Court, on the basis of materials on record, convicted the accused (Opposite party nos. 2 and 3 herein) under section 341 of Indian Penal Code and sentenced them to simple imprisonment for 15 days. The accused were acquitted of all the other charges. The learned Lower Appellate Court re-appraised the evidence available on record.. The consideration of the matter by the learned Lower Appellate Court may be found from paragraph no. 7, 10, 11, 12 and 15 of the judgment. In paragraph no. 16 of the judgment, the learned Lower Appellate Court has noticed the fact that there was no separate charge framed under section 341 of Indian Penal Code. - 2 - Having heard the counsel for the petitioner in support of the application and after going through the judgment under challenge, this Court is of the view that no ground has been made out for allowing this application. This application seeking leave stands dismissed. pkj ( Kishore K. Mandal, J )