CRIMINAL APPEAL(U/S) No.29 OF 1993 Against the judgment and order of acquittal passed by Sri Prabhu Dayal Gupta, Judicial Magistrate, Ist Class, Gopalganj on 27.4.1993 in Complaint Case No.1728 of 1988, Trial No.498 of 1993 ---------- VIJAY KUMAR son of Badri Prasad Sonar, Resident of village Mirganj,P.S.Mirganj,Dist.-Gopalganj --------Appellant Versus 1.STATE OF BIHAR 2.Hussaini Mian son of Khali Mian 3.Jalaluddin Mian son of Hussaini Mian 4.Kanhaiya Kusharwani Son of Raghunath Ram 5.Ramchandra Prasad son of Raghunath Ram 6.Suresh Kesharwani son of Satya Narayan 7.Shankar Prasad son of Radha Prasad 8.Satya Narain Keshwarwani son of Raghunath Prasad All of Mirganj, P.S.-Mirganj, Dist.-Gopalganj -------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 of acquittal dated 27.4.1993 passed in Complaint Case No.1728 of 1988, Trial No.498 of 1993 by Sri Prabhu Dayal Gupta, Judicial Magistrate, Ist Class, Gopalganj for the offences under sections 147, 148, 323, 324 and 307/34 of the Indian Penal Code. The case of the prosecution is that on 7.10.1988 at 6.30 P.M. the accused persons came to the complainant’s shop and duped his brother and when he went to rescue him, he and his brother were assaulted by them with bricks. For the same occurrence a counter case was instituted by respondent no.2 before the police that it is the prosecution party which had, in fact, acted in high handed manner and in retaliation to save the skin filed the present complaint. - 2 - The complainant in all examined five witnesses whereas the defence also examined three witnesses. The trial court while considering the merit of the case concluded that the genuineness of the occurrence was highly doubtful and true version of the occurrence had not been given by the prosecution. It also considered that there was a defence version of the same occurrence which had not been satisfactorily explained by the prosecution. Moreover, all the witnesses examined were partisan in nature and were not worthy of credence. For these reasons the trial court acquitted the respondent nos.2 to 8 of the charges. Lower court records have been received and while going through them as also judgment passed by it, I do not find any perversity or infirmity in the same. Therefore, I do not think it a fit case for interference. This appeal is, accordingly, dismissed. Patna High Court The 17th December,2009 Md.S. (NAFR) (Anjana Prakash,J.)