MAHANTH RAJENDRA DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellants have been convicted under Section 323 IPC and released on probation of good conduct under Section 4 of the Probation of Offenders Act, 1958 after due admonition by the 4th Additional Sessions Judge, Sitamarhi in S.Tr. No. 256 of 1995/128 of 2000 by judgment and order dated 25.07.2001.

(2.) THE case of the Appellants is that on 06.01.1993 the accused persons attempted to oust the Complainant and his family members from his house and Appellant, Yogendra Das set on fire the north eastern portion of roof of house causing damage to the tune of Rs. 5,000/ - to the Complainant. The accused persons also assaulted him and thereafter fled away. The reason for the occurrence was that the P.O. land had been acquired by Jag Mohan Baitha grandfather of the Complainant about 20 years back from Mahanth Ramautar Das through a written "Ekrarnama" but the Appellants were demanding the same and were attempting to dispossess him from the land.

(3.) IT appears that the prosecution examined seven witnesses. P.W. 6, Kamrul Ansari, P.W. 7, Nagendra Yadav are formal in nature.