CRIMINAL APPEAL (U/S)No.28 OF 1993 Against the Judgment and order of acquittal dated 23.2.1993 passed by Sri R.C.Prasad, Judicial Magistrate, Ist Class, Sikrahana, Motihari in Case No.412 of 1992/c-68 of 1986. ----------- RAM DAYAL PRASAD son of Hazwi Sah, resident of village Purani Mahsi, P.S.- Mahsi, Dist.-East Champaran ---------Appellant Versus 1.STATE OF BIHAR 2.Noor Ali Sai son of Fide Sai 3.Reza Alam son of Noor Ali Sai 4.Razabhin Sai son of Noor Ali Sai 5.Aziz Sai son of Mahboob Sai 6.Sainul Sai son of Mahboob Sai 7.Mahgu Sai son of … not known 8.Noor Hazwi Sai son of Birbi Rahim Sai All residents of village- Morzapur, P.S.-Mahsi, Dist.-East Champaran -----------Respondents --------- For the appellant: Mr. Uma Shankar Verma For the respondents: None. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash,J. The appellant is aggrieved by judgment of acquittal dated 23.2.1993 passed by Sri R.C.Prasad, Judicial Magistrate, Ist Class, Sikrahana, Motihari, in Case No.412 of 1992/C-68 of 1986 by which respondent nos. 2 to 8 have been acquitted for the offences under sections 144 and 379 of the Indian Penal Code. The case of the prosecution in brief is that on 16.1.1986 the accused persons came upon the land of the complainant and started cutting sheesam trees which belonged to him. A complaint about the same was filed on 23.1.1986 i.e. about seven days later. During the trial the complainant examined four witnesses to prove its case. The trial court was convinced about the veracity of the prosecution case in view of the fact that even the accused persons - 2 - claimed the land in question and therefore, held that there was bona fide land dispute between the parties. The trial court further held that witnesses have not given a trustworthy version of the occurrence that had taken place and the manner of occurrence was highly doubtful. The trial court not having been convinced that Shesham trees belonged to the complainant, it acquitted the accused persons holding that no offence under section 397 of the India Penal Code is made out in the back ground of the dispute. Perused the lower court records along with judgment of acquittal and after hearing the arguments of the learned counsel for the appellant, I am not inclined to take a different view since I do not find any infirmity or perversity in the judgment of acquittal. In the result, the appeal is dismissed. Patna High Court The 17th December,2009 Md.S. (NAFR) (Anjana Prakash,J.)