IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.913 of 2009 SUBHASH KUMAR MANDAL, SON OF ANANDI MANDAL, RESIDENT OF VILLAGE-BIJUAHI, POLICE STATION AND DISTRICT JAMUI …PETITIONER Versus 1. STATE OF BIHAR 2. DHARMENDRA MANDAL, SON OF SHANKAR MANDAL 3. SHANKAR MANDAL, SON OF LATE JANAKI MANDAL 4. RANJEET MANDAL, SON OF SHANKAR MANDAL, OPP.PARTY NO.2 TO 4 ALL ARE RESIDENT OF VILLAGE- BIJUAHI, POLICE STATION AND DISTRICT JAMUI …OPPOSITE PARTIES ----------- 02. 22.06.2011 Heard counsel for the parties. Petitioner is the igniter of the criminal proceeding which gave rise to the trial vide G.R. No. 1184/99 for an offence punishable under sections 323, 324,326,341, 379 and 504/34 IPC. Learned trial court held the accused(s) (o.p.no.2 to 4) guilty only under section 323 IPC. It appears that out of six witnesses produced on behalf of prosecution, two witnesses were declared hostile. Mother of the informant (P.W.1), brother of the informant (P.W.2) and the informant (P.W.5) supported the case. It further from the impugned judgment that a counter case was also lodged with regard to the same incident in which the informant and others were made accused. Parties thereto compromised and the said case was disposed of in the light of compromise. Learned trial court in the background of aforesaid facts and keeping in focus that neither the doctor nor the investigating officer was produced on behalf of prosecution, found that charges have only been proved under section 323 IPC. Accordingly, they were held 2 guilty and, considering the facts of the case, were released under the provisions of the Probation of Offenders Act. After hearing the parties, this Court does not find any patent illegality in consideration of the matter by learned trial court. The application is accordingly dismissed. hr ( Kishore K. Mandal )