KUSH PASWAN Vs. STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) The present appeal has been filed by the appellant under proviso to Sec. 372 of the Code of Criminal Procedure against the judgment and order dated 15th Oct., 2014 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Sitamarhi in Sessions Trial No. 98 of 2005/108 of 2005, whereby respondent nos.2 to 9 have been acquitted of the charges framed against them extending them the benefit of doubt.

(3.) The prosecution case, in brief, is that the informant Kush Paswan (P.W.5) and accused Shankar Rai (Respondent No.7) were working at Delhi. On 3rd Jan., 2003, when Shankar Rai was coming back to his village from Delhi, the informant gave him Rs. 5000.00 for handing over the same to his father in the village. On 1st Feb., 2003 the informant also came to his village home and enquired from his father as to whether he had received Rs. 5000.00 from the accused Shankar Rai on which his father told him that Shankar Rai had never handed over any money to him. When the informant enquired in this regard from Shankar Rai, he told him that since he had deposited the money in the Bank, he would pay him after withdrawing the same from the account. On 5th Feb., 2003 the informant sent his brother Govind Paswan to Shankar Rai for demanding Rs. 5000.00 given to him earlier. However, Shankar Rai not only declined to make payment of the money but also abused and assaulted him with fists and slaps. On the same day when the informant was washing his hand and face, all of a sudden, all the accused persons (Respondent Nos.2 to 9) came at his door and abused him in a derogatory manner taking the name of his caste. They also assaulted him with fists, slaps and leather belt. When his sister-in-law, brother and father came to rescue him, they were also assaulted by the accused persons. When the informant entered into his house, the accused persons also entered inside his house, dragged him out and assaulted him. On hulla, several villagers came near the place of occurrence, after which the accused persons fled away. However, while leaving the place, accused Dihal Rai took away the cycle kept near the door of the house of the informant, accused Janaki Rai snatched silver Hasuli from the neck of the informant's sister-in-law, accused Sanjay Rai snatched wrist watch of the informant, accused Ram Kishore Rai took away 29 kg. Masoor and accused Sanjeevan Rai took away 50 kg. paddy from the house of the informant.