HARI SHANKAR SAH Vs. BRAHMANAND

JUDGEMENT

(1.) Nobody appears on behalf of the appellant to press this appeal. Accordingly, Mr. Arun Kumar Tripathi, Advocate is appointed as amicus curiae to assist this Court in this appeal on behalf of the appellant. State is represented by Mr. Sujit Kumar Singh, A.P.P.

(2.) This appeal is directed against the judgment of acquittal dated 11th February, 2000 passed by Shri Devendra Kumar Pathak, Judicial Magistrate. 1st Class, Gopalganj in Complaint Case No. 170 of 1996/Trial No. 474 of 2000 by which the respondent No. 1 has been acquitted of the charges under Sections 323, 447, 379 and 504 of the Indian Penal Code.

(3.) The complaint case was filed by Hari Shankar Sah on 05.06.1996 for an occurrence which took place on 21.01.1996. The allegation in the complaint petition is that the respondent No. 1 who was posted as the Block Development Officer, along with four guards came to the shop of Hari Shankar Sah (PW 2) and is said to have abused his son Ashok Kumar who waS present and looking after his shop. It is also alleged that he took out about Rs. 8,300/- from the box in the shop.