DASHRATH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal revision is directed against the judgment of acquittal dated 3.1.2002 passed by Shri Bishwadeo Narain Singh, Presiding Officer of Fast Track Additional Court No. III, Patna (AD HOC DISTRICT & SESSIONS JUDGE) in Sessions Trial Case No. 178 of 1993 whereby and where under the learned Court below acquitted all the accused persons (opposite party Nos. 2 to 6) under Section 232 of the Code of Criminal Procedure.

(2.) The prosecution story, as disclosed by informant Dashrath Prasad (not examined), in short, is that on 21.6.1992 at about 9 a.m. while he was returning his home from Dinapore market and when he reached in Mohalla Bibiganj Bhatha road, he noticed Suraj Bhan Mehta (opposite party No. 2), Indira Bhan Mehta (opposite party No. 3), Rajit Kumar (opposite party No. 4), Arjun Chamar (opposite party No. 5) and Arjun Chaudhary (opposite party No.6) standing near the house of Suraj Bhan Mehta and it is alleged that all of them caught hold of him and threw him down on the ground and began to assault him with bricks and stones with the result he sustained head injury. It is also alleged that opposite parties also pressed the neck of the informant and when he raised alarm many people came there and saved him. Cause of occurrence appears to be that two days before the occurrence while one Nepali Bahadur was patrolling during night in Mohalla Gajadhar Chak Jhakhari Mahadeo, the accused persons assaulted him which was objected by the informant.

(3.) On the basis of written report of the informant Danapur P.S. Case No. 185 of 1992 was registered under Sections 147, 341 and 307/34 of the Indian Penal Code and the police after completion of investigation submitted charge-sheet against all the accused persons. Later on the case was committed to the Court of Sessions for trial and disposal.