IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.34 of 2008 PHOOLMATI DEVI Versus THE STATE OF BIHAR & ORS ----------- 04 19.01.2009 Heard Ms. Sunita Kumari in support of the application. P.W.4 Phoolmati Devi lodged a complaint sometimes in the year 1996 alleging therein that the accused party got a sale-deed executed in their favour in the year 1977. It was alleged that the some other lady impersonated her. The learned trial court found the accused persons (opposite parties herein) guilty under Sections 420,467,468 and 120B of the Penal code and sentenced them accordingly. The opposite parties herein, aggrieved by the order of conviction, preferred appeal (CR.APPEAL No. 95/2000). The said appeal was disposed of and the opposite parties herein were acquitted of all the charges.The present application seeks leave to appeal against the said judgment. Perused the impugned judgment. The appellate court has noticed the fact that the present complaint was lodged after 19 years. It has also been noticed that the sale-deed in-question was not brought on record by the prosecution but by the accused persons (opposite parties herein). The Appellate court further took notice of the fact that the complainant in her evidence, had stated that she derived the 2 knowledge/information through his son P.W.1. The court, has found P.W.1 to be minor (aged about 08 years) at the time of alleged occurrence i.e. on 05.02.1977. In para 11 of the impugned judgment the appellate court has assigned reasons for not accepting the prosecution case. Learned counsel for the petitioner, before this court, fairly admits that a civil suit has been filed and a decision has been rendered therein. Having considered the submissions and after going through the impugned judgment, this court is of the view, that the Appellate court has evaluated the evidence on record, particularly, that of the complainant, P.W.4 and P.W.1 in right prospective. There appears to be no patent illegality in the judgment meriting interference of this court. The application stands dismissed, accordingly. Sym ( Kishore K. Mandal, J.)