PASUPATI NATH TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no.2 and also perused the records of the case.

(2.) THIS Criminal Revision is directed against the Judgment and Order dated 13.2.2002 passed in Sessions Trial No.409 of 1997 by the court of 5th Additional Sessions Judge, Saran at Chapra, whereby the 5th Additional Sessions Judge, Saran at Chapra, acquitted the opposite party nos.2 to 4 of the charges under Sections 302/34 of the Indian Penal Code.

(3.) IN brief, the prosecution case is that the informant, Pashupati Nath Tiwary (P.W.7) gave his fardbeyan on 28.1.1997 at about 9.00 P.M. in his village-Piparahaiyan, P.S. Ishuapur, Distict- Saran before the Sub Inspector of Police, P.N. Thakur (P.W.10), to the effect that on 28.1.1997, he was sitting at his door. On that day at about 6.30 P.M., his villager, Rambabu Tiwary (not examined) came to his door and told that Hira Tiwary, Ramadhar Tiwary and Rajendra Tiwary, are causing assault at Dusadhtoli to his brother, Ram Ayodhya Tiwary. On which he alongwith his nephews, Ajay Tiwary (P.W.1), Vijay Tiwary (P.W.2) and son, Mukesh Tiwary, rushed to Dusadhtoli near the house of Chaukidar, Bihari Manjhi (P.W.6) then they saw that in the south of the house of Mrigu Manjhi in the field of Salik Raut, his villagers, Ramadhar Tiwary and Rajendra Tiwary, had caught hold of his brother, Ram Ayodhya Tiwary, and Hiralal Tiwary was giving dagger blow to him. When he alongwith his nephews and son rushed there then they fled away from there and his brother, Ram Ayodhya Tiwary, fell down on the earth as his neck, cheek, nose and ears were cut. The said occurrence was seen by him and the above persons and the neighbours of Chaukidar. The cause of occurrence is said to be the dispute regarding the mango tree in between him and the accused persons.