RAM PAVITAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been filed under Section 378(4) of the Code of Criminal Procedure in pursuance of the leave granted by this Court in S.L.A. No. 90 of 2001. The appeal is directed against the judgment of acquittal dated 29.9.2001 passed by Sri C.S. Pradhan, the learned Judicial Magistrate 1 st Class, Begusarai in Complaint Case No. C-662/1998 / Tr. No. 241/2001, by which, he has acquitted Respondent Nos. 2 to 8 (for short the accused ) from the charges levelled against them.

(2.) In the aforesaid complaint case, the accused persons were charged for the offence punishable under Sections 147, 323, 447 and 379 of the Indian Penal Code. The Accused Ram Sakal Rai was also separately charged under Section 379 IPC for the theft of Rs. 50/-.

(3.) The appellant (for short the complainant ) had filed a complaint petition in the court of the learned Chief Judicial Magistrate, Begusarai on 29.6.1998 with respect to an occurrence which is alleged to have taken place on 28.6.1998 at about 9.30 a.m. It has been alleged in the complaint that on the relevant date and time of occurrence when the complainant went to look after his land, he saw the accused persons engaged in plucking Jackfruits from the tree standing on his land. The complainant protested. However, the accused persons surrounded him and they started assaulting him by slaps and fist. There is a specific allegation that the accused Ram Pramod Rai gave a Katta blow upon the complainant?s neck.