RAM CHANDRA PRASAD Vs. TARUN KUMAR

JUDGEMENT

(1.) COMPLAINANT Ramchandra Prasad has preferred this criminal revision against the judgment dated 25. 7. 2001 passed by Shri Kanak prasad Kurre, the 2nd Additional Sessions judge, Raigarh in Sessions Trial No. 138/98, whereby respondents No. 1 and 2 were acquitted of the charge under Section 307 read with Section 34 of the Indian Penal Code.

(2.) LEARNED counsel for respondents No. 1 and 2 did not dispute that respondent No. 2 raghunath is the brother of the complainant Ramchandra PW1. Respondent No. 1 tarun Kumar is the son of Raghunath. Proceedings under Section 145 of the Cr. P. C. relating to some agricultural land in village budhadand were initiated by Raghunath in which the Sub-Divisional Magistrate, patthalgaon passed order dated 31. 3. 1998 confirming possession of Ramchandra over land Khasra No. 285/2 area 21 dismil situated in village Budhadand and restraining raghunath from interfering with the possession of Ramchandra over the said land.

(3.) BRIEF facts are that on 8. 7. 1998 ramchandra PW1 was returning home after bathing at Bharari Nala. On way, he noticed that his goat had entered his Badi containing crop of groundnut. Ramchandra tried to remove the goat from the Badi. At this juncture, respondent No. 1 Tarun kumar challenged Ramchandra and assaulted him by a Tangi. His father raghunath also came there with a shovel (Fawda) and assaulted Ramchandra. Ramchandra fell to the ground and shouted. On hearing shouts, Devanand PW12, sukhdev PW2, Vidyadhar PW7 and narendra PW8 arrived. They lifted ramchandra and brought him home. Report was lodged vide Rojnamcha Sanha No. 338 on 8. 7. 1998 by Ramchandra promptly at police Station Patthalgaon situated 6 kilometers to the south of the place of occurrence. He was sent for medical examination. Dr. Laxman Banodha PW 11 examined ramchandra at 1. 45 p. m. on 8. 7. 1998 at community Health Centre, Patthalgaon and found the following injuries (Ex. P9):