YOGENDRA BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) DESPITE repeated calls, no one appears on behalf of the petitioners to press this Criminal Revision. No one is appearing on behalf of the petitioners to press this Criminal Revision since the last two preceding dates. Heard Mr. Dashrath Mehta, learned A.P.P. for the State and Mr. Bharat Lal, learned counsel for the opposite party no.2 and perused the Lower Court Records.

(2.) THIS Criminal Revision is directed against the Judgment dated 17.6.2002 passed by the Additional Sessions Judge- cum-Fast Track Court No.1, Muzaffarpur, in Sessions Trial No.361 of 1989/437 of 2001, whereby the learned Additional Sessions Judge- cum-Fast Track Court No.1, Muzaffarpur, acquitted the opposite party nos.2 to 8 of the charges under Sections 302, 147, 148, 323, 324, 307 and 325 of the Indian Penal Code.

(3.) IT appears that on the basis of the fardbeyan of the informant, Deepa Bhagat (P.W.1), as recorded on 17.2.1985 at about 3.30 P.M. in the State Dispensary, Motipur, P.S. Motipur, District- Muzaffarpur, Motipur P.S. Case No.18 of 1985 dated 17.2.1985 was instituted under Sections 147, 148, 323, 325 and 307 of the Indian Penal Code against the opposite party nos.2 to 8 and one Brahmdeo Bhagat. The informant, Deepa Bhagat (P.W.1), gave his fardbeyan to the effect that on 17.2.1985 at about 8.30-9.00 A.M., his villagers, Mahendra Bhagat and Saryug Bhagat, both sons of Bhikhar Bhagat, started to construct the house near the well and road of his house. When he alongwith others made protest and requested them to not construct the house there, Mahendra Bhagat told them that whatever would be happened they would construct the house and started fixing peg. When the informant alongwith others uprooted the peg, then Mahendra Bhagat, Saryug Bhagat, Siya Ram Bhagat, Nagendra Bhagat, Ravi Shankar Bhagat, Prahlad Bhagat, Brahmdeo Bhagat and Ram Shresth Bhagat, brought Farsa, bamboo, Bhala and Lathi from their houses and on the instruction of Nagendra Bhagat, they started "Maar-Peet" with him and his family members. Mahendra Bhagat with an intention to kill assaulted Jichni Devi, wife of Ram Sevak Bhagat, on her head, as a result of which she became unconscious. Saryug Bhagat caused injury to Narayan Bhagat with bamboo. Siya Ram Bhagat and Nagendra Bhagat caused injury to Ram Swaroop Bhagat and others with bamboo and Lathi. Ravi Shankar Bhagat assaulted Ram Sevak Bhagat with Lathi causing fractured injury on his left arm. Ravi Shankar Bhagat caused injury with Lathi to him also. Prahlad Bhagat caused injury to Thakuri Bhagat with bamboo. At that time, Brahmdeo Bhagat with an intention to kill caused grievous injury to Puneet Bhagat on his head with bamboo. Ram Shresth Bhagat also caused injury to Ram Chandra Bhagat with After the occurrence of "Maar-Peet" Mahendra Bhagat bamboo. asked to bring the gun with an intention to kill them but in the meantime, the villagers rushed there and saved.