IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.585 of 2002 {Against the order dated 13.5.2002 passed by Mr. Mukesh Upadhyay, learned Judicial Magistrate, 2nd Class, Begusarai in G. R. No. 2435 of 1999, Trial No. 520 of 2001} ======================================================= Pursottam Chaudhary, son of Late Deo Narain Chaudhary, resident of village- Satha, Police Station- Mansoor Chak, District- Begusarai. .. Petitioner. Versus 1. State Of Bihar 2. Rama Kant Sada 3. Devendra Sada Both sons of Dwarika Sada 4. Dharmendra Sada, son of Sri Devendra Sada All 2 to 4 are resident of village- Satha, Police Station- Mansoorchak, Dist.- Begusarai. … Opposite Parties. ======================================================= Appearance : For the Petitioner : Mr. Ajay Kumar Thakur, Adv. :Mr. Shamaneshwaram, Adv. :Mr. Amit Kumar, Adv. For the State : Mrs. Indu Bala Pandey, APP ======================================================= CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL) Amaresh Kumar Lal, J. The informant – petitioner has preferred this revision application against the order dated 13.5.2002 passed by the learned Judicial Magistrate, 2nd Class, Begusarai in G. R. No. 2435 of 1999, Trial No. 520 of 2001 by which the accused – opposite Patna High Court CR. REV. No.585 of 2002 dt.17-11-2011 2 party nos. 2 to 4 have been acquitted. 2. The prosecution case, in brief, is that an occurrence of quarrel took place between co-villager Brahmdeo Sharma in one and Rama Kant Sada, Devendra Sada and Dharmenda Sada on the other, for which a case against the accused was going on. The informant was also a witness and he deposed against them. Due to that reason the informant got the enmity with the aforesaid accused persons. On 26.10.1999 when the informant was going towards his field the aforesaid accused persons surrounded him and asked to retract from his evidence and threatened for dire consequence and Dharmendra Sada assaulted him with fist. Again on 4.11.1999 at 9 a.m. when the informant was working in his maize field Dharmendra Sada and Devendra Sada entered into his field and thrashed him on the ground and sat on the chest and pointed out pistol. Due to non-taking back his evidence they asked to pay Rs.10,000/- which had been spent by them in the litigation, failing which he would be killed. He raised alarm and when the persons from the nearby field came, they fled away. 3. On the report of the informant Patna High Court CR. REV. No.585 of 2002 dt.17-11-2011 3 Mansoor Chak P. S. Case No. 47 of 1999 was instituted against the accused. After investigation charge-sheet was submitted. Cognizance was taken. Charges were framed under Sections 341, 323, 384 and 504/34 I.P.C. After the trial accused persons were acquitted and discharged from the liabilities of their bail bonds. 4. Heard learned counsel for the petitioner and learned counsel for the State. No one appears on behalf of opposite party nos. 2 to 4 even after service of notice. 5. After hearing learned counsel for both the parties and on perusal of the record it appears that the prosecution has examined four witnesses and also documentary evidence as Exts. 1 to 6. The accused have also adduced documentary evidence. The defence of the accused is that they are innocent and have been falsely implicated in this case due to enmity and also the informant and witnesses of this case are indulged themselves to teach and implicate the accused in false cases. Exts. filed on behalf of both the sides indicate that there is litigation between both the parties. The evidence adduced on behalf of the Patna High Court CR. REV. No.585 of 2002 dt.17-11-2011 4 prosecution is not fit to be believed as there is vital contradiction in their evidence. Considering the facts and circumstances, learned trial court has acquitted the accused by giving them the benefit of doubt. 6. For the aforesaid reasons, I do not find any ground to interfere with the impugned order. This petition is dismissed. Patna High Court Dated 17th of November 2011 N.A.F.R/Kanchan (Amaresh Kumar Lal, J.)