RAM SWAROOP MAHTO Vs. SUDAMA MAHTO AND 4 ORS.

JUDGEMENT

(1.) This revision application has been directed against the order of acquittal passed by the 6th Additional Sessions Judge, Gaya, in Sessions Trial No. 222 of 1972/30 of 1982. In the morning of 19th March, 1971, at about 8 to 9 A.M. the informant -petitioner, it is alleged, found the members of the opposite party, namely, opposite party Nos. 1 to 4, uprooting the gram crop from his field. The petitioner objected to it whereupon they took out hidden arms and assaulted him causing several injuries on his person. The informant -petitioner alleged that opposite party Sudama Mahto gave one bhala blow and the others assaulted him with lathi. A regular case was instituted by the informant -petitioner, which, on investigation, ended in submission of chargesheet and, ultimately, the members) of the opposite party were put on trial. Opposite party No. 1 Sudama Mahto was charged for an offence under Sec. 307 of the Indian Penal Code for attempting to cause the death of the informant by giving a bhala blow. He was further charged for an offence under Sec. 379 of the Indian Penal Code for committing theft of gram crop of the informant. The other three members of the opposite party were charged under Ss. 307/34 and 379/34 of the Indian Penal Code.

(2.) In course of trial the prosecution examined nine witnesses in support of its case. The accused persons i.e. opposite party Nos. 1 to 4 pleaded their innocence, denied the occurrence and claimed false implication on account of enmity. On consideration of the entire evidence on the record, both oral and documentary, the learned trying court came to the conclusion that the prosecution has failed to prove the charges levelled against the members of the opposite party beyond all reasonable doubt and, accordingly, acquitted them. Hence this application, by the informant petitioner.

(3.) Learned counsel appearing for the petitioner has challenged the order of acquittal on the following grounds: - -