IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.30 of 2008 GANPATI CHOUDHARY Versus STATE OF BIHAR & ORS ----------- 02 06.01.2009 Petitioner has approached seeking leave of this court to challenge the judgment and order of acquittal recorded by the learned trial court (Judicial Magistrate, Ist Class, Supaul). It appears that the Opposite Parties were tried under Sections 147, 323 and 379 of the Penal Code and under the impugned judgment, the charges have been found not to be true and accordingly they have been acquitted of the charges. Learned counsel for the petitioner submits that the court below has committed a serious error in not convicting the appellants at least under Sections 323 and 147 of the Penal Code on the basis of evidence on record. This court perused the impugned judgment. Paragraph no. 8 of the impugned judgment deals with the evidence which has been brought on record to prove the charges. On perusal of the findings recorded by the learned trial court, it appears that the court below found apparent material contradictions in the evidence of P.Ws. The court below has further, on the basis of evidence on record, held that the place of occurrence has also not been proved/established. This court having considered the submissions and after going through the reasoning assigned by the trial court is of 2 the view that no illegality as such has been committed warranting interference by this court. Accordingly, this application stands dismissed. Sym ( Kishore K. Mandal, J.)