JUDGMENT Per S.K. Sharma, J. - State of Bihar has assailed the judgment dated 29th April 1989 passed by the learned IIIrd Additional Sessions Judge. Gaya in Sessions Trial No.43 of 1988/623 of 1986, whereby the accused persons-respondent Nos.1 to 4 were acquitted from the charge under Sections 302/34, 109 and 379 I.P.C.. 2. During pendency of the appeal respondent No.2, Chandradeo Yadav @ s/o Ramjit Mahato of village Parhanda. P.S. Bodhgaya District-Gaya died as such this appeal is only confined to respondent Nos. 1, 3 and 4 namely, Krishna Yadav, Gulabchand Mistri and Dawarika Yadav respectively. 3. After hearing learned counsel for the State and perusing the evidence on record it is clear that trial Court has considered various aspect of the matter and has found that the prosecution has not been able to prove the charge as against the accused persons as there were major variations from the fardbeyan and so the accused persons were acquitted. 4. Though respondents have put appearance but nobody has appeared on their behalf. 5. Considering the scanty evidence on the record it is apparent that the order of acquittal passed by the learned trial Court is correct and it does not require any interference by the Appellate Court. 6. In the result, this appeal falls and it is, accordingly, dismissed. Appeal dismissed.