Rongon Mukhopadhyay, J. - (1.) Heard Mr. Prabir Chatterjee, learned counsel, appearing for the petitioner. No one appears on behalf of the opposite parties No. 2 to 5.
(2.) This application is directed against the against the judgment and order dated 29.09.2001 passed in G.R. No. 587 of 1988 (T.R. No. 133 of 2001) by the learned Judicial Magistrate, 1st Class, Bokaro, whereby and whereunder, the the opposite party Nos. 2 to 5 were acquitted from the charges levelled against them. 2. The allegation made in the F.I.R. is to the effect that in course of attending duty at Patherdih colliery when the petitioner reached the Ration shop of Jagat Pandey all of a sudden on being exhorted by Lakhan Pandey, Jagat Pandey and Arun caught hold of Anil Baran Thakur and Badyanath Pandey had given two blows on the nose of the petitioner with Gupti and Mahilal Pandey is also said to have assaulted to him. It is alleged that Nidhi Thakur was also assaulted with a Lathi by Mahilal Pandy. Based on the aforesaid allegation G.R. Case No. 587 of 1988 was instituted. After investigation, charge-sheet was submitted u/s 147,148,149 and 325 of the Indian Penal Code, whereupon cognizance was taken on 03.09.1988. After charge was framed for the offences punishable u/s 147,148,149 and 325 of the Indian Penal Code, trial proceeded.
(3.) In course of trial, six witnesses were examined on behalf of the prosecution. P.W. 1 Alok Thakur has stated that when he was taking meal he heard the cry of alarm and when he came out he saw Sunil in injured condition and blood was oozing from his nose. He also stated that he came to know about the incident from others. P.W. 2 Kailash Thakur had stated about the assault committed upon the informant and Nidhi Thakur by the opposite parties. P.W. 3 Kisto Thakur had deposed that on the fateful day he and the petitioner were going to Patherdih and Bhojudih for duty. He had also stated that when they reached near the Ration Shop of Jagat, the petitioner was assaulted with Gupti on his nose by Baidyanath Pandey. He also stated about the assault committed by Mahilal upon Nidhi Thakur by Lathi. P.W. 4 Dr. Baleshwar Prasad has examined the injured and found fracture of two fingers of Nidhi Thakur (PW 5) and cut injuries on the nose of Sunil (PW 6). P.W. 5 Nidhi Thkaur is an only eye witness who is the brother of the petitioner. He had seen his brother falling down and this witness was also assaulted by accused persons. P.W. 6 is the petitioner Anil Baran Thakur @ Sunil Thakur who is also the informant and he had also stated about the assault committed upon him by the accused persons and subsequently Nidhi Thakur came to the place of occurrence who was also assaulted by accused persons.;