SUMITRA DEVI 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 7.8.2003 in S.L.A. No. 59/2002. The appeal is directed against the judgment dated 7.9.2002 passed by the learned Judicial Magistrate, 1st Class, Patna in Complaint Case No. 1073 (C) of 1996 corresponding to Tr. No. 68 of 2002.

(2.) The appellant had filed Complaint Case No. 1073(C) of 1996 in the court of the learned Chief Judicial Magistrate, Patna on 17.9.1996 with respect to an occurrence which is said to have taken place at 7 a.m. on 15.9.1996. It has been alleged in the complaint that on the relevant date and time of occurrence, the complainant was present at her husband s clinic along with her nephew Binay Kumar and father Janak Narayan Singh. At that time, patients namely Shanti Devi, Binda Devi, Shakuntala Devi and Suga Devi were also present there and they were waiting for the arrival of Dr. Madho Prasad Singh (husband of the complainant). The husband of the complainant at that time had gone to attend a patient on emergency call. In the meantime, the accused persons being variously armed, entered into the clinic of the complainant. The accused Md. Munna fired from his pistol targeting the complainant. However, the shot did not hit her. In the meantime, the accused Md. Abdul Aziz @ Chand pounced upon the brotherin-law of the complainant, namely, Krishna Prasad. He assaulted twice by sword causing bleeding injuries on his head. All the other accused persons started assaulting the complainant, her relatives and the patients who were present in the clinic. It has been further alleged that the accused Abdul Aziz @ Chand snatched her necklace. He also took out Rs. 1500/- kept in the drawer of the table. They also damaged furnitures kept in the clinic. The entire incident took place in front of the police officers of Phulwarisharif police station. The police officers present at the scene of the crime locked the clinic and gave the key to Abdul Aziz @ Chand. Later on, the Dy. S.P., the B.D.O. and other senior officers came there.

(3.) They took the Inspector of Phulwarisharif Police Station to task. They received the key of the lock put on the clinic from him. The motive assigned for the occurrence is said to be the fact that one Shyam Lal Gupta, a tenant of Dr. Madho Prasad Singh, had earlier opened a shop in the name and style of Manjushri Vastralaya in the said clinic. On 14.9.1996, he vacated the said shop and thereafter, the husband of the complainant shifted his clinic in the shop in question. The accused persons committed the mischief after the husband of the complainant had opened his clinic in the said shop as there existed dispute relating to land between both the parties. For this act, it is alleged that an information was given to the Phulwarisharif Police Station but, the case was not registered and, as such, the complaint was filed in court.