GANESH MISTRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision application has been directed against the judgment and order dated 9.2.1999 passed by Sri Kailash Kumar Mahto, Judicial Magistrate, 1st class, Sheikhpura at, Munger whereby and whereunder he convicted the accused Naresh Mahto and Ravindra Mahto under Sections 447 and 323/34 of the Indian Penal Code and sentenced them to undergo R.I. for six months under Section 323 of the Indian Penal Code and a period of three months under Section 447 of the IPC. The learned Magistrate, however, acquitted the accused Kailash Mahto (O.P. No. 2).

(2.) Learned counsel for the petitioner submitted that O.P. No. 2 was acquitted on the grounds that he was aged 60 years and it was not expected that he was holding dangerous weapon like farsa when his two own sons and participated in the alleged occurrence. The learned Magistrate also recorded that the informant's wife was not examined as such he disbelieved the allegation against O.P. No. 2 that he had assaulted with farsa.

(3.) It was therefore, submitted that the ground on which O.P. No. 2 had been acquitted is perfunctory and the learned Magistrate ought to have convicted O.P. No. 2 against whom the witnesses had made positive statement to the effect that he had assaulted the informant with Jarsa on his head and the doctor found the injury on his head.