IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.41 of 2009 RAM NARAYAN BHAGAT, son of Late Motilal Bhagat, resident of village- Molnapur, P.S.- Siwan Muffassil, District- Siwan. ----- Complainant/Petitioner Versus 1. THE STATE OF BIHAR. 2. Sukhdeo Bhagat @ Dilip Bhagat, son of Late Kapildeo Bhagat 3. Maya Devi, wife of Sukhdeo Bhagat All are r/o- Molnapur, P.S.- Siwan Muffassil, District- Siwan. ----- Accused/opposite Parties ----------- 2 13.4.2009 Learned counsel for the petitioner has challenged the order acquitting the appellants under Sections 147, 323, 379, 427 and 447 of the Indian Penal Code on the ground that the Court below has not given proper reasons for rejecting the evidence produced in Court and the only reason stated is that all witnesses are interested witnesses. The appellants and the informant are related to each other and both of them are claiming possession over a piece of land over which this occurrence is said to have taken place. The Court below has considered this aspect and has come to the conclusion that this is the case which involves title of both the parties. One of the parties is claiming possession because of a deed of gift and the other party is claiming possession by way of 2 right through inheritance. The Court below after pursuing the evidence found that since all the witnesses are related to the informant as well as to the accused persons and have taken sides with one or the other party, their evidence becomes loaded in favour of one of the party i.e. informant. Therefore, the Court felt that there should have been independent witnesses to support the occurrence. The Trial Court while hearing the matter and recording the evidence had a better idea with respect to the manner in which the evidence was elicited in Court. The reasonings given by the Trial Court cannot be said to be perverse. The fact that another judge may come to a different conclusion is not a ground for allowing this application. In the result, the S.L.A. is dismissed. Sanjay (Sheema Ali Khan, J.)