KAPILDEO MAHTO, SON OF LATE SHIVANANDAN MAHTO OF VILLAGE-MANIKPUR, P.S.-SURYAGARHA, DISTRICT-MUNGER Vs. THE STATE OF BIHAR AND ORS. ALL RESIDENTS OF VILLAGE-MANIKPUR, P.S.-SURYAGARHA, DISTRICT-MUNGER

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 on 25.2.2002 in S.L.A. No. 49 of 2001. The appeal is directed against the judgment of acquittal dated 30.7.2001 passed in Complaint Case No. 49C of 1993 by Sri P.K. Sharma, Judicial Magistrate 1st Class, Lakhisarai. In the complaint case, it has been alleged that while the complainant/appellant was getting his chillies dried on 11.2.1993, the accused persons named in the complaint came to his 'Khalihan' and started filling their bags with the chillies kept there. The complainant/appellant protested against the accused persons. This resulted into a scuffle between the parties in which, the complainant/appellant sustained injuries. The complainant raised hue and cry, as a result of which, several persons rushed to the place of occurrence. They rescued the complainant/appellant from the wrath of the accused persons. However, respondent no. 3 Shila Devi and respondent no. 5 Dangur Mahto carried away bags filled with chillies on their head while running away from the place of occurrence. It is further alleged that earlier also the accused persons had stolen maize (Bhutta) from the 'Khalihan' of the complainant/appellant on 2.5.1992. On 11.2.1993, the matter was reported to the Manikpur Police out post but, the constable present at the outpost told him to approach the Superintendent of Police, Munger. The complainant/appellant, thereafter, sent written complaint by registered post on 12.2.1993 to the Superintendent of Police, Munger, the Deputy Superintendent of Police, Lakhisarai and the Officer -in -Charge, Suryagarha. It has further been alleged that on 23.2.1993 at about 5 p.m. while the complainant was working in his 'Khalihan accused no. 4 Jeetan Mahto along with an unknown person came to his "khalihan' pointed pistol towards him and told that he would kill him.

(2.) ON the basis of aforesaid allegations, the complaint petition was filed in the court of the Sub -Divisional Judicial Magistrate, Lakhisarai, Munger on 24.2.1993.

(3.) IN course of trial, on behalf of the prosecution, in all, four witnesses were examined.