MAHANAND MANDAL Vs. STATE OF BIHAR AND ORS

JUDGEMENT

(1.) INFORMANT / petitioner is aggrieved by judgment dated 20.01.2011 passed by First Additional Sessions Judge, Saharsa in Cr. Appeal No.9 of 2010 by which the learned appellate court had set aside the judgment dated 09.06.2010 passed by First Assistant Sessions Judge in Sessions Trial No.106 of 2002 convicting and sentencing the Opposite Party No.2 for various offences, and had allowed the appeal.

(2.) ON 04.04.2002 informant filed written report disclosing therein that while he along with his family members were uprooting potato crop Jalandhar Uraon (Opposite Party No.2), Shambhu Uraon, Debo Uraon, Dipo Uraon, Fulo Devi arrived and made protest. Then, thereafter they abused and also assaulted with fist and slap. During course thereof, at the instigation of Jalandhar Uraon, Shambhu gave spade blow over his head which was averted by him however, striked over temporal region and gave a cut injury thereupon. It has further been disclosed that the land exclusively belongs to him which he had purchased from Rudradeo Jha.

(3.) ON the basis thereof, Jadia P.S. Case No.28 of 2002 was registered under Sections 341, 323, 447, 379, 307/34 of the IPC and investigation commenced. After completion of investigation, charge sheet was submitted only against Jalandhar Uraon (Opposite Party No.2) while investigation has been kept pending against remaining accused persons and so, only Opposite Party No.2 stood during trial, met with ultimate result against which appeal was preferred and having been allowed, is the subject matter of instant revision at the behest of informant / injured.