IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.215 of 2006 MD. USHMAN Versus STATE OF BIHAR & ORS ----------- 5. 21.8.2008. This Cr. Revision has been preferred against the judgment and order dated 9.12.2005 passed by Additional Sessions Judge, Kishanganj in Sessions Trial No. 549/2005 thereby the opposite party nos. 2 to 6 have been acquitted and only one accused Aslam Akhtar has been convicted under Section 302 Cr.P.C. In course of submission learned counsel for the petitioner submitted that there are sufficient evidence on the record to justify the conviction of opposite party nos. 2 to 6 also as there was similar allegation against all the accused persons. However, learned counsel for opposite parties referring to the finding of lower court made in paragraph 13 of the judgment submitted that it would go to show that most of the witnesses have not named these opposite parties in the statement made before the police in course of investigation and hence, the court below has rightly acquitted these opposite parties. Considered the submission of learned counsel for both the parties and also perused the impugned judgment. On perusal of paragraph 13 of the impugned - 2 - judgment, I am also of the view that the court below has rightly given the benefit of doubt to the opposite parties and has rightly acquitted them. I find no material to interfere in the impugned judgment. Accordingly, this Cr. Revision is dismissed. kanchan (Ghanshyam Prasad, J.)