RAM LAKHAN RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT /Informant has challenged the judgment of acquittal dated 07.06.2013 passed by 1st Additional Sessions Judge, Special Judge -cum - Special Judge S.C./S.T. (P.A.) Act, Purnea in Sessions Trial No.776 of 2009 acquitting respondent no.2 to 5.

(2.) IT has been submitted on behalf of appellant that the finding recorded by the learned trial court happens to be cryptic one because of the fact that the learned lower court failed to appreciate the evidence in its right perspective. It has further been submitted that during course of evidence all the three PWs have categorically stated that the appellant as well as his son were subjected to assault, but their evidences on that very score have been disbelieved without any just and cogent reason apart from the fact that the learned trial court failed to call for the relevant injury report from Sadar Hospital for the purpose of corroboration. It has also been submitted that documentary evidence as well as oral evidence supports shop of appellant having taken on rent from the Thakurbari which happens to be motive for commission of the occurrence because of the fact that respondent no.2 to 5 were not liking presence of appellant being a Chamar, a member of Scheduled Caste. That means to say prosecution had sufficiently proved the motive as well as occurrence whereunder prosecution party were assaulted, shop was ransacked, cash was looted away.

(3.) IT has further been submitted that trial court had acted in haphazard manner whereunder failed to procure attendance of other witnesses as well as also failed to give proper opportunity to the appellant to produce the remaining witnesses.