SUSHIL JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present appeal has been filed under Section 378(4) of the Code of Criminal Procedure in pursuance of the leave granted by this Court on 28.8.2003 in S.L.A. No. 46 of 2002. The appeal is directed against the judgment of acquittal dated 13.6.2002 passed by the learned Judicial Magistrate 1st Class, Saharsa in Complaint Case No. 1100 of 1999/Tr. No. 700 of 2002.

(2.) THE appellant filed the aforesaid complaint on 22.12.1999 before the learned Chief Judicial Magistrate, Saharsa alleging therein that on 21.12.1999 while he was going to sow wheat and when he reached near his bamboo orchard, he saw the accused persons cutting bamboos. Almost 15 bamboos were cut by them from his orchard and when the appellant raised protest, the accused persons assaulted him with lathi, fists and slaps. The accused Bibhash Jha is alleged to have snatched the woolen shawl worth Rs. 500.00 and the accused Thakan Jha is alleged to have taken away the bag of fertilizer worth Rs. 440.00 of the appellant.

(3.) ON perusal of the complaint, it appears that three persons namely, Mohar Jha, Laddu Jha and Karam Lal Jha were cited as witnesses to the occurrence. The complainant was examined on solemn affirmation. After conducting inquiry under Section 202 of the Code of Criminal Procedure, the accused persons were summoned for trial. On 8.10.2011 the charges for the offences punishable under Sections 323 and 379 IPC were framed against the accused persons and the case was fixed for evidence.