CRIMINAL APPEAL(U/S) No.26 OF 1993 Against the judgment and order of acquittal passed by Sri Baij Nath, Judicial Magistrate, Ist Class, Muzaffarpur on 4.12.1992 in case no.C-125 of 1991/Tr. No.248 of 1992. --------- RADHA RAMAN son of Sri Ram Shakal Singh, resident of village- Saraiya, P.S.-Sakra, Dist.-Muzaffarpur. ---------Appellant Versus 1.STATE OF BIHAR 2.Gopal Paswan 3.Lakhindra Paswan 4.Indal Paswan sons of late Manchit Paswan 5.Rudal Paswan 6.Shital Paswan sons of Piyare Paswan 7.Brahmdeo Paswan son of Bujhaban Paswan 8.Simrit Paswan son of Kailu Paswan 9.Nanhki Paswan son of Bibhikan Paswan All residents of village Bharthipur, P.S.-Sakra, Dist.-Muzaffarpur --------Respondents For the appellant: None For the respondents: Mr. Nawal Kishore Prasad P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH --------- Anjana Prakash,J. The appellant is aggrieved on account of judgment and order of acquittal of respondent nos.2 to 9 for the offences under sections 147, 323, 379 and 447 of the Indian Penal Code passed by Sri Baij Nath, Judicial Magistrate, Ist Class, Muzaffarpur in case no.C- 125 of 1991/Tr. No.248 of 1992 on 4.12.1992. The prosecution case is that on 11.2.1991 at 8 A.M. the respondents came upon the land of the complainant, assaulted him, snatched away his watch and cut away bamboo shoots. In support of the complaint, the complainant examined five witnesses who are all family members. The trial court while considering the prosecution case concluded that the prosecution had - 2 - failed to prove its case beyond all reasonable doubts because there was previous enmity between the parties with regard to same land for which accused had also proved certain documents. Considering the arguments of the defence that there was a proceeding under section 144 Cr.P.C. pending between the parties and a proceeding under section 188 of the Indian Penal Code have also been drawn up against the appellant with regard to same land, the trial court concluded that there was a dispute with regard to wages and land dispute and motive of the occurrence was baseless in the said back ground. Moreover, the claim of the accused persons over the bamboo shoots which have been cut away was also considered while acquitting the respondents-accused under section 379 of the Indian Penal Code. In view of the above, the trial court concluded that a reasonable doubt was created in the prosecution case by the defence documents and hence, the trial court had acquitted the respondents- accused. On going through the judgment and the lower court records, I do not find any perversity/infirmity in the judgment of acquittal and find no reason to interfere with the same. In the result, the appeal is dismissed. Patna High Court The 17th December,2009 Md.S. (NAFR) (Anjana Prakash,J.)