- (1.) Heard learned counsel for the parties.
(2.) Petitioner seeks leave to appeal against the judgment of acquittal passed by learned court of Additional Sessions JudgeVIII, Dhanbad in Session Trial No. 50/2002, whereby the accused persons/private opposite parties herein have been acquitted of the charges under Sections 324, 325, 148, 302/149, 307/149 of the Indian Penal Code.
(3.) As per prosecution story, fardbeyan of informant, Lato Devi was recorded on 31st December, 1999 at Primary Health Center, Tundi inter alia alleging as follows: On 29th December, 1999 at about 12 O'clock in the afternoon, shegoats of Taso Mahto were grazing in potato field of the informant, which were driven away by the informant's sisterinlaw, Uma Devi (gotni), wife of Andu Yadav, who also complained it to the wife of Taso Mahto. On this, Tilki Devi, wife of Taso Mahto, Pushpa Devi, wife of Baleshwar Mahto, Kaushalya Devi wife of Bhuneshwar Mahto, Bundia Devi wife of Beni Mahto started abusing her. Villagers Girija Mahto and Bano Mahto came and convinced all as to why quarrel among themselves. In the meantime, Taso Mahto came and threatened them with dire consequence once the brothers also arrived. She however alleged that on the next day i.e. on 30th December, 1999 at about 4.00 pm, accused Baleshwar Yadav, Taso Yadav, Beni Mahto and Bhuneshwar Mahto came to the house of the informant and started abusing them. The fatherinlaw of the informant, Bhola Mahto protested and sought resolution of the matter through panchayati. The four accused persons again came back with sword, garasa and tangi and threatened to kill all of them. In the meantime, Baleshwar Mahto, who was armed with tangi, assaulted on the head of Deg Lal Yadav inside the house of informant, as a result of which, he fell down. Beni Yadav and Bhuneshar Yadav dragged the informant's fatherinlaw from the courtyard to the gali where Beni Yadav assaulted with sword and Bhuneshwar Mahto assaulted with lathi on the head, shoulder and leg, as a result of which, Bhola Mahto got seriously injured. Thereafter, wives of accused persons, namely, Tilki Devi, Pushpa Devi and Kaushalya Devi pelted stones and dashed the head of Bhola Mahto on stone. No one came for help even though the informant and others shouted. It is alleged that the accused persons had threatened the villagers also with dire consequence if they came for help. Thereafter, the informant along with one Govind Yadav took the injured Bhola, Deg Lal and Andu Mahto for treatment to Primary Health Center, Tundi where Bhola Mahto and Deg Lal Yadav died. All the male persons of the family were seriously injured in the occurrence, due to which there was some delay in lodging an F.I.R.;