IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1218 of 2009 Jaal Mohammad son of Md. Firoz resident of village- Dasai, P.S. Runisaidpur, District Sitamarhi. .. Petitioner. Versus 1. The State Of Bihar 2. Md. Faruque 3. Md. Anish Both sons of Md. Hamir, resident of village- Dasai, P.S. Runisaidpur, District Sitamarhi. 4. Md. Mumtaz son of Md. Zainul. 5. Md. Kashim son of Md. Bilat,and both are resident of village- Jogiaru Dholi, PS Nandpur, District Sitamarhi. .. Opposite Parties. ----- For the Petitioner :Mr. S.M. Ehtesham, Adv. :Mr. S. Azeem, Adv. For the State :Dr. Rabindra Kumar, APP ----------- 4. 15.09.2011 The informant- petitioner has preferred this revision application against the order dated 27.3.2009 passed by the Additional Sessions Judge, FTC-3, Sitamarhi in Sessions Trial No. 227 of 2005/32 of 2008 by which the accused have been acquitted under Sections 307, 326 and 379 I.P.C. They have been found guilty under Sections 341, 323 I.P.C. Further accused Kashim has been convicted under Section 324 I.P.C. Md. Kashim has been sentenced to undergo rigorous imprisonment for three years under Section 324 I.P.C. and all the accused persons have been sentenced to undergo rigorous imprisonment for one year each under Section 2 323 IPC and also to pay a fine of Rs.1000/- each and in default of payment of fine, further rigorous imprisonment for one month each. They have been further sentenced to undergo rigorous imprisonment for one month under Section 341 IPC and all the sentences to run concurrently. The prosecution case, in brief, is that on 28.6.2004 at about 5 PM the accused Md. Faruque was cutting lemon tree which was protested by the mother of the informant. Some altercation took place, thereafter Md. Faruque assaulted Most. Momina Khatoon, the mother of the informant, Jal Mohammad. The informant came to rescue his mother and he was also assaulted by the accused Mr. Anish with lathi repeatedly, as a result of which, he received head injury. His younger brother, Noor Mohammad also came to rescue them but he was assaulted by the son-in- law of Md. Nasim and brother-in-law of accused Faruque after surrounding his brother. He also received injuries. Accused Md. Faruque also snatched his wrist watch and cash Rs.500/- from his pocket. On raising alarm, several persons came there and accused persons fled away. Villagers took the injured to hospital. On the basis of the written report 3 of the informant, Runnisaidpur P. S. case No. 169 of 2004 was registered. After investigation charge-sheet was submitted against the accused. Cognizance was taken. The case was committed to the court of sessions. The charges were framed against the accused opposite-party nos. 2 to 5 to which they denied and pleaded not guilty. After trial, they have been convicted and sentenced aforesaid. Heard learned counsel for the petitioner and learned counsel for the State. Learned counsel for the petitioner has submitted that even after the prosecution evidence the accused has been acquitted under Section 307 I.P.C. Learned counsel for the State has submitted that there is a land dispute between both the parties, as such, the evidence of prosecution has been carefully considered by the learned trial court and offence under Sections 307, 379 and 326 I.P.C. has not been found proved against the accused. After hearing learned counsel for both the parties and on perusal of the impugned order, it appears that the contention of learned counsel for the State is correct. The 4 learned trial court has carefully considered the evidence adduced on behalf of both the parties and has found that the prosecution has failed to prove beyond all reasonable doubts the offence punishable under Section 307, 326 and 379 I.P.C. and they have been found guilty for the offence punishable under Section 324, 323, 341 I.P.C. and accordingly they have been convicted and sentenced. Considering the facts and circumstances state above, I do not find any impropriety and illegality in the impugned order. In the result, this application is dismissed. Kanchan (Amaresh Kumar Lal, J.)