BHOLA PRASAD GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The informant petitioner has preferred this revision application against the judgment and order dated 21.05.2002 passed by the learned Judicial Magistrate, Ist Class, Katihar in G.R. No.1092/1995, Trial No.826/2002 by which the accused opposite party nos. 2 to 6 have been acquitted.

(2.) The prosecution case, in brief, is that the informant was a tenant in the house of the accused Shiv Narayan Jha and had a medical clinic for the last 25 years. On 5.07.1995 at about 9.00 A.M., the informant was sitting in his clinic and his compounder was also there. In the meantime, the accused Shiv Narayan Jha came there. He was followed by other 8-10 persons carrying cots and bed. At the instance of accused Shiv Narayan Jha other accused began to throw the articles of the clinic. The accused Bhushan Jha pointed firearms in the chest of the informant and others assaulted him. He became senseless. His compounder was also assaulted. He came to his rescue. The neighbour Ram Nath came there, then he was assaulted by the accused. Bhushan Jha also assaulted. The police came there. Thereafter, all the accused fled away. On the written report of the informant, Manihari P.S. Case No.85/1995 was instituted against the accused. After investigation, charge-sheet was submitted. Cognizance was taken. After the trial, the accused have been acquitted.

(3.) The opposite party nos. 2 to 6 have appeared through Vakalatnama and no one appears on their behalf even today.