RAJ KUMARI DEVI Vs. SONAPATI SHARMA

JUDGEMENT

(1.) This appeal arises against the judgment of acquittal, passed by the Judicial Magistrate, 1 st Class, Arrah in Complaint Case No. 132 of 1991/Trial No. 247 of 2000 acquitting the opposite parties nos. 1 to 4 of the offences allegedly committed under Section 392 of the Indian Penal Code.

(2.) A complaint petition was filed by Raghunath Sharma on 27.3.1991 in which he has alleged that he was sleeping in his house when he heard someone knocking at the door. The complainant's case is that he prepares and treats patients for snake bites etc. On the presumption that someone had come for treatment, the complainant opened the door and found the opposite parties present there. It is said that Sonapati Sharma was armed with a Pistol, Gopal Sharma was armed with a Chhura. Both of them asked the complainant to handover the key of the cupboard. It is said that he was slapped by one of them whereupon he handed over the key of the cupboard It is alleged that the opposite parties stole away cash, silver ornaments etc.

(3.) At the very outset it may be noted that the complainant did not take steps to lodge a case in the police station rather he has lodged the present case in Court. The reason would be obvious after considering the evidence that has come in this case. Six witnesses were examined after trial, out of whom PW 6 has proved the complaint petition. The other witnesses are the family members of Raghunath Sharma. The complainant died after giving evidence. He has been substituted by Rajmuni Devi in the trial Court itself. Rajmuni Devi is the daughter-in-law of Raghunath Sharma.