IN THE HIGH COURT OF JUDICATURE AT PATNA G. APPEAL (DB) No.39 of 2008 STATE OF BIHAR Versus REJENDRA PRASAD BHAGAT & ORS ----------- 2 08.09.2008 Heard the learned counsel for the appellant and perused the judgment under appeal whereby the seven respondents have been acquitted of charges under Sections 147, 427 and 436 of the I.P.C. It appears that initially the complainant had lodged a police case which was found false by the police and the protest lodged by the informant has been treated as a complaint petition leading to trial and judgment of acquittal. Learned counsel for the State has submitted that it was a day time occurrence and the prosecution witnesses have supported the allegation. On the other hand, the judgment under appeal shows that all the witnesses are interested and no independent witness supported the occurrence. It is further found that there was enmity between the parties from before. The trial court has also found that the alleged fire did not spread to any adjoining structures and was confined to a thatched structure. Considering all the facts and circumstances we find no legal or factual infirmity in the judgment under appeal so as to warrant inference with the same. Hence the prayer to grant leave to appeal is rejected. Uday/ (Shiva Kirti Singh, J.) (Syed Md. Mahfooz Alam, J.)