MAHAKANT MISHRA Vs. SADANAND MISHRA

JUDGEMENT

(1.) THIS appeal has been filed against the judgment and order dated 18.8.1989 by which opposite party nos, 1 and 2 have been acquitted by the court below.

(2.) THE prosecution case in brief is that on 26.3.1985 at about 8.00 A.M. the complainant was at his Dalan just before the time of alleged occurrence. It has been alleged that accused came from his house having Lathi and Kudal and began to cut the soil with the help of Kudal in front of the Dalan of the complainant. When the complainant objected not to do so both the accused assaulted the complainant with Lathi. The complainant received injuries and thereafter he fell down. In the meantime accused Pramod Kumar snatched away HMT watch from his wrist. When P. W. 1 Ajay Kr. Mishra tried to save the complainant he was forcibly taken at the Dalan and he was also assaulted with kicks and fists by the accused persons. He complainant went to Athmalgola P. S. and narrated about the alleged occurrence but the police refused to institute the case and thereafter the complainant came to Barh for medical treatment. He was treated by P.W.5 in the Govt. Hospital. Thereafter he filed the complaint case in the court of A.C.J.M., Barh on 27.3.85. Learned A.C.J.M. took cognizance against the accused persons under sections 452, 323 and 379 of the Indian Penal Code and transferred the case to the court of Judicial Magistrate for trial. Ultimately the trial concluded with the result as indicated above. Both the accused persons denied the charges levelled against them and contended that they had been falsely implicated in this case due to enmity.

(3.) P .W. 4 the complainant has supported the case and stated that on the date of occurrence at 8.00 A.M. he was at his Dalan when the accused persons came having Kudal and Lathi in their hands, they began to cut the soil in front of his Dalan. When he objected he was assaulted by accused persons. He has also stated that accused Pramod snatched his HMT wrist watch. He fell down after sustaining injury. He has also stated that P.W. 1 had come to save him but he was also forcibly taken by the accused in the Dalan and he was also assaulted by kicks and fists. According to him he was treated by the doctor (P.W. 5) in the Govt. hospital at Barh. When he went to lodge the case in the police station it was refused and thereafter he filed complaint petition in the court of A.C.J.M., Barh. The other witnesses have also supported the version of the complainant. P.W. 5, the doctor found scratch injury on the person of the complainant.