- (1.) The petitioner, Baijnath Thakur, has preferred this Cr. Revision application under sections 397 and 401 of the Code of Criminal Procedure for setting aside the judgment dated 30-1-2004 passed by Sri. Abhay Shankar Mishra, 3rd Addl. Sessions Judge, Dumka in S C. case No. 247 of 1999 whereby and whereunder the opposite parties No. 2, 3 and 4 namely, Goutam Raut, Fuldhar Raut aad Gopai Raut respectively have been acquitted from the charge under sections 323/325/307/34 of the Indian Penal Code.
(2.) The brief fact of the case is that discourse on " Bhagwat" was going on at the door of Fuldhar Raut (Opp. Party No.3) since 23-4-1999. The informant in his statement narrated that in the night of 29-4-1999 he along with his son, Bablu Thakur had been there to hear the discourse. At about 11.30 p.m. Bablu Thakur asked the organizer of "Bhagwat" to set the "Public Aderess System"(Mike) at right whereupon, it is alleged, that opposite party No. 2 Gautam Raut came to Bablu Thakur in rage, put a towel around his neck and began to pull. When it was protested, Gautam Raut (Opp. Party No. 2) started abusing. Just thereafter, accused Fuldhar Raut, Gopal Raut and Shashi Mahto came there armed with Lathi. It is alleged that the opposite party No. 3 Fuldhar Raut dealt lathi blow on the head of the Informant/petitioner as a result of which he sustained injuries on his head and there started bleeding. It is further alleged that Shashi Mahto and Gopal Raut also assaulted him with lathi and Gautam Raut assaulted his son with fist. The informant as well as his son fell down after sustaining injuries and they were rescued by audience. Disclosing the genesis of the occurrence, the informant/petitioner narrated that his agnate Arun Thakur had solemnized his marriage with the widow oflate Baldev Raut who happen to be the Agnate of the opposite party No.3, Fuldhar Raut some six months ago and for such reason there was anguish amongst the accused persons as to why a barber had married with women of their caste and for such reason the informant/ petitioner and his son were assaulted. On the basis of statement of the informant/petitioner, Saraiyahat P.S. case No. 63 of 1999 was registered for the offence under sections 307/34, 325/34 and 323 of the Indian Penal Code against the opposite parties No. 2 to 4 including one Sashi Mahato.
(3.) After investigation charge sheet was submitted in the aforesaid sections against the opposite parties herein above. The informant/petitioner had sustained injuries as per the medical examination report on 30-4-1999 which are as follows :- (a) Lacerated wound over right parietal region of skull 4" x 14" into bone deep. (b) Complaint of chest pain, low back pain right arm and pain in abdomen Vomitings and Haematemesis. The above injuries were found within six hours, by hard and blunt object. The patient was referred to Patna Medical College Hospital, Patna and in C.T. Scan report fracture of frontal and parietal bones of right side of skull and bilateral extra haemorrhage was found. In the opinion of the Doctor the injury No. 1 was found grievous and dangerous in nature.;