IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1259 of 2009 Shiv Pyare Singh, son of Sri Shakaldeep Singh, resident of village-Ibrahimpur, P.S.-Kinjar, District-Arwal. …….Petitioner Versus 1. The State of Bihar. 2. Rampeyare Yadav. 3. Daroga Yadav 4. Vidhya Yadav. 5. Mandal Yadav (O.P.Nos. 2 to 5 are sons of Late Surya Yadav, resident of village-Ibrahimpur, P.S.-Kinjar, District- Arwal) 6. Mithilesh Yadav, son of Late Jagdish Yadav, resident of village-Ibrahimpur, P.S.-Kinjar, District- Arwal) ………..Opposite Parties ----------- 2. 13.09.2011 The informant-petitioner has preferred this revision application against the judgment and order dated 20.05.2009 passed by the learned 1st Additional Sessions Judge, Jehanabad in Sessions Trial No.83/97 arising out of Karpi P.S. Case No.124/1989 by which the accused opposite party nos. 2 to 6 have been acquitted. The prosecution case, in brief, is that on 13.09.1989 in the night, the informant with the family members were sleeping in his house. In the meantime, there was knocking of the door, the informant and his brother Raj Nandan Yadav awoke. The co-villager accused Mithilesh Yadav armed with country made pistol, Jagdish Yadav armed with Garasa, Vidhya Yadav 2 armed with country made pistol, Ram Peyare Yadav, Mandal Yadav, Daroga Yadav armed with Lathi entered into the house of the informant having broken the door. The accused Jagdish Yadav instigated the co-accused to kill the informant and others and assaulted Rajnandan Yadav (brother of the informant) causing head injury. The other co-accused assaulted the informant and his brother with Lathi. On raising alarm by the informant and his brother, their mother Dhanmatiya Devi (P.W.1) came to their rescue and she was also assaulted with Lathi. No villager came to rescue, but they were witnessing the occurrence. Thereafter the accused took away six boxes of the informant, containing clothes, ornaments and Rs.1000/-. At the time of returning, the accused shot fired, but it could not hit anyone. On the basis of the written report of the informant, Karpi P.S. Case No.124/89 was instituted against the accused. After investigation, charge-sheet was submitted. Cognizance was taken. The case was committed to the Court of Sessions. The charges were framed against the accused. During the trial, the accused Jagdish Yadav died. After the trial, the accused were acquitted by the impugned 3 order. Heard the learned counsel for the petitioner and the learned counsel for the State. It appears that the prosecution has examined two witnesses. P.W.I Dhanmatiya Devi and P.W.2 Shiv Pyare Singh, they are mother and son. The remaining witnesses mentioned in the charge-sheet have not been examined even after issuance of summons, bailable and non-bailable warrant of arrest and the service report. The defence has examined Ramnandan Prasad (D.W.1), who has proved the sale-deed dated 28.11.1993 (Exhibit A). The defence of the accused is that due to land dispute, they have been falsely implicated in this case. It appears that the evidence of prosecution witnesses have been considered by the learned trial court. It has been found that Jagdish Yadav has assaulted the brother of the informant. Jagdish Yadav has died during trial. Considering the facts and circumstances stated above, I do not find any ground to interfere with the impugned order. This petition is dismissed. V.K. Pandey ( Amaresh Kumar Lal, J.)