RANBIR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) With the consent of the both the counsel heard finally.

(2.) This revision has been preferred by the applicant/accused being aggrieved with the judgment dtd. 17/12/2022 passed by District and Sessions Judge, Jehanabad in Criminal Appeal No. 10 of 2020 whereby and whereunder the learned Sessions Judge allowed the appeal preferred by Munna Kumar (Victim of the case) and reversed the order of acquittal dtd. 29/1/2018 passed by S.D.J.M. Jehanabad in Trial No. 767 of 2017 arising out of Madkhdumpur P.S. Case No. 139 of 2013, G.R. No. 1061 of 2013 and convicted the applicant for the offences punishable under Ss. 323, 325 and 504 of the I.P.C. and given benefit under Ss. 360 and 361 of Cr.P.C. as well as Sec. 3/4 of the Probation Of Offenders Act, 1958 released him on probation for a period of two years.

(3.) According to the case of prosecution, the complainant-Munna Kumar (P.W.-7) submitted his written application before the concerned S.H.O. alleging therein that on 10/5/2013, about 07:15 AM, he was returning from the School of his children on motorcycle and reached near Bajrangbali More, there P.W.-2, Sarpanch Manjhi met him. There he was talking with him. It is alleged that at that time, present applicant along with the co-accused persons, namely, Babloo and Rajdeo Yadav came there and due to some previous dispute all of them started abusing the complainant grabbed his left hand due to which he sustained grievous injuries on his left hand. On the basis said written report, offence has been register against all the accused persons and after completion of investigation charge- sheet has been filed. The Trial Court take cognizance against all the accused persons and framed the charges under Ss. 341/34, 323/34 325/34 and 504/34 of the I.P.C. The prosecution to established its case examined eight witnesses before the learned Trial Court.