IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.58 of 2008 MD. KASIM MIAN Versus 1. STATE OF BIHAR 2. ELAKAT MIAN 3. SHAHID MIAN ……… 3. 22.01.2009 Heard. The complainant-petitioner takes exception to the judgment and order of acquittal dated 10th Juyly,2008 recorded by the learned trial court (S.D.J.M., Bettiah, West Champaran). By this order, the accused (opp.party nos.2 and 3) have been acquitted of the charges under section 341,323,384,504 and 379 IPC. The prosecution case, in short, is that the accused persons committed theft of standing sugarcane which the petitioner- complainant resisted, as a result of which, they put Garansa on his neck. The prosecution in order to prove the charge(s) got examined five p.ws., besides bringing on record Ext.1 which is a sale deed dated 26.9.91. The defence also examined a few witnesses and brought on record Ext.A which is a sale deed 11.9.98. The trial court referring to the materials on record and particularly the deposition of the complainant (p.w.3), has found and recorded that with respect to the land in question both the parties have claimed title on the basis of the sale deed executed in their favour. The evidence of the complainant as discussed in paragraph 9 further indicates that the complainant also accepted the title and possession of the accused but - 2 - only on half portion of the disputed land. The trial court evaluated the evidence and the document brought on record. It further appears that the court below has also taken into account the fact that the complaint which formed basis of the case, has not been proved in the present case. On these considerations, the trial court acquitted the accused opposite party nos.2 and 3 herein of the charge (s). On perusal of the judgment and after hearing learned counsel in support of the application, this court finds that no illegality and/or perversity has been committed in assigning reasonings/findings by the learned trial court for acquitting them of the charge(s). The application is devoid of any merit which is accordingly dismissed. hr ( Kishore K. Mandal )