MOHAN BAITHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The informant has preferred the present appeal under proviso to Sec. 372 of the Code of Criminal Procedure (in short 'CrPC') for setting aside the judgment dtd. 2/11/2023 passed by learned Additional District and Sessions Judge 1st cum Special SC/ST Judge, Bettiah, West Champaran in Tr. No. 193 of 2021/CIS No. 373 of 2020 arising out of Nadi P.S. Case No. 58 of 2020 by which the learned court has been pleased to acquit the accused persons (respondent nos. 2 to 4) of the charges under Ss. 302, 201 and 34 of the Indian Penal Code (in short 'IPC') read with Sec. 3 (ii) (v) (a) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (in short 'SC/ST Act').

(2.) The prosecution case as per the written report of the informant Mohan Baitha (PW-1) is that his uncle Keshwar Baitha was residing at 'basa' and cultivating the land of Madan Mukhiya (respondent no.2). The informant alleged that Madan Mukhiya had got transferred total land of Keshwar Baitha (deceased) in his own name. He claimed that his uncle was not returning home for 8-9 days then he went in search of his uncle and asked the whereabout of him from Madan Mukhiya whereupon Madan Mukhiya informed the informant that his uncle had gone in some relationship.

(3.) The informant claimed that he started searching his uncle at the river side and in course of search on 7/12/2020, the dead body of his uncle Keshwar Baitha was found concealed in a ditch. It was buried under the soil on the bank of a drain. The informant claimed that he has a belief that Madan Mukhiya, Bhola Mukhiya and Babloo Mukhiya together strangled his uncle Keshwar Baitha to death and buried his body under the soil with an intention of hiding it. The written report of the informant has been marked as Exhibit '1' in course of trial.