SHIVNARAYAN PASWAN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The appellant has preferred this appeal, under Section 372 of the Code of Criminal Procedure, 1973, against the judgment of the trial Court, dated 01/06/2015, recording acquittal of the respondents in S.T. No. 760 of 2009/Trial No. 452 of 2015. On the basis of a complaint case, filed by the appellant, and subsequent reference made under Sec. 156(3) of the Code of Criminal Procedure, a First Information Report was instituted by the police, giving rise to Amarpur P.S. Case No. 221 of 2006.

(2.) It was alleged in the complaint petition filed by the appellant herein that on the alleged date of occurrence, i.e., on 21/11/2006, when he was at his home, the persons named as accused in the complaint petition, along with 8 - 10 unknown persons, after having formed an unlawful assembly, came there armed with lathi and iron rods and began to remove the thatched roof of the appellant's house. Upon protest having been made by the appellant and his wife, the accused, namely, Satya Narayan Paswan, ordered the other accused persons to assault them. The other accused persons, who are respondent Nos. 2 and 3 herein, thereafter hit the wife of the appellant with iron rods causing injuries on her person. Allegedly, respondent No. 1 continued to assault her with iron rod. It was also alleged that when the appellant and his son tried to rescue the wife of the appellant, the respondents assaulted them too with iron rod and lathi. The police, upon investigation, submitted charge sheet against three persons, namely, Satya Narayan Paswan, father of respondent No. 2, respondent No. 2 and respondent No. 3, who is wife of respondent No. 2. After having taking cognizance, the case was committed to the Court of Sessions. Charges were, thereafter, framed against the three accused persons for commission of offences punishable under Sections 341, 323, 324, 326, 307, 504 and 427 read with Sec. 34 of the Indian Penal Code.

(3.) Since the accused persons pleaded "not guilty", to the charges framed against them, the trial commenced. In course of trial, Satya Narayan Paswan, father of respondent No. 1, died and accordingly, vide order, dated 02/05/2014, the proceeding, as against him, was closed, as having abated. The respondent Nos. 2 and 3 were, accordingly, put on trial.