IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1767 of 2009 Hari Narayan Singh, son of late Chandrajeet Singh, resident of village-Songarhwa, P.S.- Fulwariya, District- Gopalganj. ………..Petitioner Versus 1. The State of Bihar. 2. Bachcha Chaudhary, son of late Madho Chaudhary, resident of village-Songarhwa, P.S.-Phulwariya, District- Gopalganj. ………Opposite Parties ---------------------------------- 2. 05.12.2011 The informant petitioner has preferred this revision application against the judgment and order dated 8.09.2009 passed by the learned Sessions Judge, Gopalganj in S.T.No.533/2006 by which the accused opposite party no.2 has been acquitted. Heard the learned counsel for the petitioner, the learned counsel for the State and perused the impugned judgment, it appears that the petitioner is one of the accused in Phulwariya P.S. Case No.1/2006 for the offences punishable under Sections 364, 302 and 201 of the I.P.C. It further appears that the co-accused Ashok Yadav, Umesh Yadav and Santraj Bind have been tried together and were convicted in S.Tr.No.55/2006 and the accused Vijaymal Ram was found to be a juvenile and his trial was separated. Later on, Bachcha Yadav was 2 arrested and forwarded to custody on 7.04.2006 and later on supplementary charge-sheet was submitted against him. Cognizance was taken and the case was committed to the court of sessions on 10.08.2006. It further appears that prosecution has examined altogether 10 witnesses. Their evidence has been considered by the learned trial court and has found that there is nothing on the record to show the complicity of the accused Bachcha Yadav in the occurrence of kidnapping and murder of the deceased Rahul. Although, Ashok Yadav is the son of the accused Bachcha Yadav and other accused are on visiting terms with the family of the deceased is not appearing with the Bachcha Yadav, rather, it appears that enmity was with Rahul family and Ashok Yadav and his friend. After considering all the materials, the learned trial court has found that the chain of circumstantial evidence is not complete and on the basis of which no inference can be drawn that Bachcha Yadav was conclusively involved in kidnapping and murder of the deceased Rahul Kumar. After discussing the evidence and its finding, the learned trial court has acquitted the accused opposite party no.2. 3 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.)