AWADESH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition in revision is directed against an. order dt. 4-6-1981 of learned Sessions Judge, Dhanbad, whereby permission was granted to the public prosecutor to withdraw from the prosecution in Sessions Trial No. 137 of 1977, and Opposite Parties Nos. 2 to 4 (hereinafter referred to as 'accused') were discharged.

(2.) After hearing learned counsel for the petitioner; learned counsel appearing on behalf of the State, and learned counsel for the accused, as also carefully going though the records, I am of the considered view that there is merit in this petition and the same, therefore, deserves to be accepted.

(3.) According to prosecution, Awadesh Prasad petitioner is running a shop in Sector III of Bokaro Steel City, Chas, District Dhanbad. On 22-7-1974 at about 12.30 p.m., when he was inside his shop, and his brother Shatrughan Singh was on the counter, Brindaband Singh accused had come and asked for one tooth brush, one shaving soap and one tooth paste tube While making delivery of those articles to Brindaband Singh accused, he was required to pay for the same. Thereupon, a dispute had arisen over the price of Godrage Shaving Soap. The petitioner was charging Rs. 1.25 for the same. After losing temper, Brindaband Singh accused had started hurling filthy abuses at Shatrughan Singh, and had also given a few slaps to him. Then on hulla raised by Brindahan Singh accused, his co-accused, namely, Jaimangal Singh and Jai Govind Singh as also a few others had arrived at the shop and they were armed with Bhalas, Pharsas and lathis. With those weapons, the accused had inflicted injuries on heads and other parts of the bodies of the petitioner and his brother Shatrughan Singh. While leaving the shop, the accused had threatened the victims with dire consequences by making use of firm arms, and warned them not to open the shop from next day onwards. After the accused had gone away, it was found that they had also taken away Rs. 450/- from the cash box. On the basis of an F.I.R. lodged by the petitioner with the police, case was registered against the accused under Ss.307, 324, 379 and 153A and other offences of I.P.C. After completion of the investigation, they were charge-sheeted.