SHEIKH IDRISH @ IDRISH MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal under the proviso to Section 372 of the Code of Criminal Procedure has been filed by the appellant challenging the judgment dated 18.07.2019 passed by the learned Additional Sessions Judge-VI, Gopalganj in Sessions Trial No. 98 of 2013 arising out of Kateya P.S. Case No. 219 of 2012 by which respondent nos. 2 to 5 have been acquitted from the charges under Sections 341 and 307 of the Indian Penal Code.

(2.) The prosecution case is based on the written report submitted by the appellant Sekh Idrish Mian on 08.08.2012 to the Officer-in-Charge of Kateya, Gopalganj Police Station. In his written report, he has stated that on 07.08.2012, when his grandson and son of respondent no.5 Hazra Khatoon started quarreling, the accused Ashgar Mian physically striked his grandson using the leg. When he went to inquire about the said incident in the morning on 08.08.2012, in a pre-planned manner, Ashgar Mian assaulted him on his head twice with farsa. In the meantime, respondent no.3, Seikh Ibrahim assaulted him by farsa, which caused cut injury to his left wrist. Thereafter, when he fell down, respondent no. 4 Seikh Aslam, respondent no. 3, Seikh Ibrahim and respondent no. 5 Hazra Khatun assaulted him, as a result of which, he sustained cut injury on his elbow and ring finger of the right hand. In the meantime, when his grand daughter Husne Ara Khatun and grandson Chotu came to his rescue, the accused persons assaulted them also with lathi and danda, as a result of which, they also sustained injuries.

(3.) On the basis of the aforesaid written report, Kateya P.S. Case No. 219 of 2012 was registered under Sections 341 , 323 , 324 and 307 read with Section 34 of the Indian Penal Code against respondent nos. 2 to 5 and investigation was taken up.