RAM SURESH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER has prayed for setting aside the judgment dated 16.12.2002 passed by Sri Chandra Pathak, Judicial Magistrate, 1 st Class, Siwan in connection with G.R. No.2040 of 1999 acquitting Opposite Party Nos. 2 to 5 from the charges under Section 379, 323, 323, 341/34 of the IPC.

(2.) ON 23 11 1993 at about 07:45 P.M., P.W. 2, Ram Suresh Yadav gave his fardbeyan while he was admitted at Sadar Hospital, Duraunda alleging inter alia that on the same day while he along with his brother Ramesh Yadav was returning from Rasalpur Bazar and at about 07:00 P.M. reached near the orchard of Devi Babu, his co villagers, Sitabi Yadav, Gulab Chand Yadav, Rudal Yadav, Kedar Yadav, Nagu Yadav armed with Lathi, Danda, Chain, Knife besieged them and further said that why they have filed Sanha against them. During course thereof, an altercation took place as a result of which all of them assaulted him as well as his brother on account of which they sustained hurt. On hue and cry when the villagers began to assemble Sitabi Yadav snatched away Rs.5000/ from his pocket while the others took away wrist watch and bicycle from his brother and escaped towards village Rasalpur. The aforesaid occurrence was committed in the background of land dispute.

(3.) IT has been submitted on behalf of petitioner that there happens to be consistent version of the injured who have been examined as PW 2 as well as PW 3 regarding assault as well as snatching of cash, bicycle, wrist watch, which also been found duly corroborated by PW 1 as well as PW 4. It has further been submitted that by way of examination of PW 5, the doctor, the injuries having on the persons of both the brothers have been legally brought up on record to corroborate the occurrence of assault. However, the learned trial court without appreciating the evidence in its right perspective acquitted the Opposite Party Nos.2 to 5.