SHIV KUMAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for O.P. Nos. 2 to 11 and learned APP for the State.

(2.) This revision application has been preferred questioning the legality of the judgment and order of acquittal dtd. 19/12/2017 passed by the learned Chief Judicial Magistrate, Samastipur in Trial No. 418 of 2017 arising out of Patori P.S. Case No. 372 of 2014 whereby and whereunder the learned court below has acquitted the accused persons in absence of the prosecution witnesses.

(3.) As per the prosecution story, as stated in paragraph '3' of the petition, on 2/11/2014 at 07:45 P.M. fardbeyan of the informant was recorded in P.M.C.H., Patna in injured condition on bed stating therein that on 1/11/2014 the informant along with others were standing in queue at Pax Bhawan Chakaruali, Booth No. 5 to cast their respective votes on the occasion of Pax election. At about 07:45 A.M., the accused Ram Sagar Rai armed with Banna, Ram Swarath Rai armed with farsa, Kundan Kumar, Sumit Raj, Pappu Kumar, Sufal Kumar, Pankaj Kumar, Guddu Kumar and Ravi Raj armed with lathi, danda and bricks-stones reached there. Ram Sagar Rai asked the informant and others not to cast their votes. Their votes will be given by him. Upon which the informant told that he will cast his votes. Hearing this, Ram Swarath Rai ordered the other accused persons to assault the informant upon which the accused persons began to assault him with lathi, danda, bricks and stones. The informant cried to save him in the meanwhile Kamlesh Prasad Rai assaulted with Banna on the head of the informant and he fell down having sustained injury on his head and became unconscious. The son of the informant came there and disclosed that while the informant was being carried to on Safari Vehicle, the accused persons broke the glass of the vehicle and also assaulted the driver of the said vehicle Milan Kumar. Golden Chain and Rs.920.00 of Govind Kumar was taken away by the accused persons. The cause of occurrence is that the accused persons were asking the informant and others not to cast votes in favour of other party.