IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.23 of 2009 CHAMAN OJHA Versus 1. THE STATE OF BIHAR 2. RAJ BHUSHAN OJHA @ SUGAN OJHA 3. RAMUDAR OJHA 4. SANJAY OJHA 5. SAGAR OJHA 6. LAKSHMAN OJHA 7. BIPIN BIHARI OJHA 8. SURENDRA OJHA @ NUMU OJHA 9. BIRENDRA OJHA 10. SHUSHIL OJHA 11. RAJU OJHA 12. SUNIL OJHA 13. RAVI KANT OJHA 14. RAMESHWAR OJHA For the petitioner : Mr. Raghubansh Singh, Sr. Advocate. Mr. Satyapal Singh, Advocate For the State : Mr. S.N. Prasad,APP ----------- 2 26.02.2009 Heard. The complainant-petitioner takes exception to the judgment and order dated 19.12.2008 passed in Complaint Case No. 358(C)/2004 whereby the accuseds (O.Ps herein) have been acquitted of the charges framed under sections 323, 379 and 147 of Indian Penal Code. The complaint discloses that dispute had arisen over possession and ploughing of a piece of land appertaining to plot nos. 1805 and 1806 measuring a total area of 4 decimals. In order to prove charges, the prosecution appears to have examined 5 (five) witnesses. Learned Counsel for the complainant-petitioner has fairly stated before this Court ( as have also been found by the learned Trial Court) that all of them are related to each other. It is also stated that the opposite - 2 - parties are ‘gotiyas’ of the complainant. The Trial Court in paragraph no. 12 of the judgment has taken note of the fact that there is a bona fide land dispute between the parties relating to the said piece of land. In this regard the Trial Court has referred to Ext.1 and Ext.A brought on record by the prosecution and defence respectively. Upon appraisal of evidence of the P.Ws, it has come to a finding that there is/are material discrepancies in their evidence. In the backdrop of these facts, the Trial court has come to a conclusion at paragraph 12 of the judgment that prosecution has not been able to prove the case beyond the shadow of reasonable doubts. This Court does not find any patent illegality in the judgment and order of acquittal meriting interference. It is, accordingly, dismissed. It is, however, observed that in the event of filing of any suit relating to the lands in question, the findings so recorded by the learned Trial Court shall not prejudice either party to the suit. pkj ( Kishore K. Mandal, J )