IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (U/S) No.3 of 1993 5 15.4.2009 Judagi Mistri son of Jagu Mistry, resident of village Katesar, PS Bihta District Patna Complainant... Appellant VERSUS 1. The State of Bihar 2. Chandeshwar Paswan son of Chanki Paswan 3. Kameshwar Paswan 4. Rameshwar Paswan Both sons of Chandeshwar Paswan. No.2 to 4 are resident of village Katesar, PS Bihta, District Patna. (Accused) Respondents. -------- Nobody appears on behalf of the appellant/ complainant or on behalf of acquitted accused persons, who are respondents. By the judgment and order under appeal dated 3.8.1992, the learned Judicial Magistrate 1st class, Danapur has acquitted the respondents no.2, 3 and 4 of charges under sections 323, 427 and 497 of the IPC in complaint case no.53(c)91/ trial no.861/92. It appears from the records that the complaint case was lodged after a proceeding between the parties under section 107 of the Code of Criminal Procedure. In course of trial, five witnesses were examined out of which PW 4 is a doctor and PW 5 is a formal witness. PW 3 is the complainant himself and only two witnesses have come forward to corroborate his case as eye witnesses. They are PW 1 who is 2 his son and PW 2 who is his brother-in-law. Even on going through the judgment and order under appeal whereby respondents no.2, 3 and 4 have been acquitted of all the charges, this Court does not feel persuaded to interfere in the matter after so many years and especially when counsel for the appellant also does not appear to press this appeal against the acquittal. This appeal against acquittal is, therefore, dismissed for non-prosecution. (Shiva Kirti Singh, J.) sk