IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1204 of 2007 Shiv Balak Paswan son of late Dhenukh Paswan, resident of village Bahuarwa, P.S. Palanwa, District East Champaran ……………. Prosecution witness no.9. ----------------------- Petitioner Versus 1. The State of Bihar 2. Ramji Thakur son of Kali Thakur 3. Narendra Thakur son of Ramdeo Thakur 4. Mohan Dusadh son of Ramnath paswan 5. Shankar Chamar son of Ram Deni Chamar 6. Narayan Paswan son of Sukhal Paswan All residents of village Bajuarwa, P.S. Palanwa, District East Champaran. -------------------- Opposite parties ------ For the petitioner : Mr. Sunil Kumar no.III For the State : Mr. Md. Mushtaque Alam,APP ----- 3. 16.10.2008 Heard. The petitioner being brother of the deceased has preferred the present revision against the judgment of acquittal recorded by the trial court on 7.6.2007. The case is based on circumstantial evidence. According to the evidence on record on 1.11.87 the deceased had gone to Raxaul block along with some of the accused persons and thereafter he did not return back home. On the next day a headless dead body was found on the railway track. The police was informed about the dead body on 2.11.07. Post mortem of the skull was done on 10.2.88. According to learned counsel, circumstantial evidence in the case is sufficient to establish the charge against accused persons. 2 Learned State counsel, on the other hand, submitted that the learned trial court has observed that the charge has not been established against accused persons beyond all reasonable doubt. I have seen the judgment of the trial court. It is well discussed one. No perversity in the same has been shown to the court. It may be mentioned here that an interference in revision with an order of acquittal can only take place if there is glaring defect of procedure such as that the court had no jurisdiction to try the case or the court had shut out some material evidence which was admissible or attempted to take into account evidence which was not admissible or had overlooked some evidence. After going through the judgment, I do not find anything wrong in the judgment. In the circumstances, there is no merit in the revision application. It is accordingly dismissed. (M.Saran,J.) AI