IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.2 of 2009 RAGHU NATH MAHTO Versus STATE OF BIHAR & ANR ----------- For the Petitioner: Mr. Ashok Kumar Singh-3, Advocate. For the Opposite parties: Mr. Ram Sumiran Rai,APP 03 22.01.2009 Heard. Petitioner takes exception to the impugned judgment and order of acquittal dated 06.08.2008 recorded by the learned trial court ( Judicial Magistrate, Ist Class Samastipur) in complaint case no. 35/2000. By this impugned order/judgment the accused/ opposite party no.2 herein was acquitted of the charges punishable under Sections 323 and 379 of the Penal Code. On appraisal of the evidence available on record the learned trial court has found and held that Chandra Shekhar Paswan (P.W.1) as well as Raghunath Mahto( P.W.2) complainant have admitted in their respective depositions that the accused had lodged case against them. So far Sunita Devi (P.W.3) is concerned, the learned trial court has found that in her deposition, she has admitted that she got information/knowledge about the occurrence from the complainant P.W.2, namely Raghunath Mahto. Evidence of Sahji Devi (P.W.4) also goes to show that parties are locked in dispute since long. In such view of the matter, the consideration made by the learned trial court in acquitting the accused/ 2 opposite party no.2 herein cannot be said to be patently illegal meriting interference of this court. This court, therefore, rejects the application seeking leave to file appeal therefrom. Sym ( Kishore K. Mandal, J.)