IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1363 of 2009 VIJAY KURMI, S/o Mohan Kumari, R/o Vill. Kashi Bazar Chowk, P.O., Bhagwan Bazar, P.S. Bhagwan Bazar, Dist. Saran at Chapra. Versus The STATE OF BIHAR ------ For the petitioner : Mr. Sunil Kumar Verma. Mr. Suman Kumar Verma. For the State : Mr. Jharkhandi Upadhyaya, A.P.P. -------- 2/ 21.08.2009 Heard both the parties. The question raised on behalf of the learned counsel for the petitioner needs no elaboration of the fact as his submission is that cognizance in the case was taken under Sections 323 and 379/34 of the I.P.C., while in course of trial charge under Section 324 of the I.P.C. was also added. After the conclusion of trial, conviction is arrived for the offence under Section 324 of I.P.C. That is also against this petitioner. According to him, once major part of the statement made by the P.W.2, injured complainant is disbelieved, rest all his evidence should also be disbelieved and in that continuation, he draws the attention of the Court that allegation was leveled against Raju Kurmi and Pappu Kurmi also including offence under Sections 323 and 379/34 of the I.P.C. There is nothing to dispute that Raju Kurmi and Pappu Kurmi are acquitted in the case giving benefit of the doubt for the offence under Sections 323 and 379/34 of I.P.C., including this petitioner. If that can be taken to assail the finding of conviction of Trial Court and the Appellate Court, this question is raised before the Apex Court and decided in Criminal Appeal No. 2 456 of 2002 dated 11.02.2009 reported in A.I.R. 2009 S.C. 1901 that fallacious in omnibus principle is not applicable that is elaborately clarified that even if major portion of the evidence is found to be deficient, in case residue is sufficient to prove guilt of an accused. Thus, I find no illegality to interfere with the discussed concurrent finding of the Trial Court as well as of the Appellate Court. Accordingly, the revision application is dismissed at the stage of admission itself. shail (Mandhata Singh, J.)