SURENDRA CHAUDHARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present criminal appeal has been preferred by the informant, under Sec. 372 of the Code of Criminal Procedure against the judgment of acquittal dtd. 30/9/2024 passed by the learned Additional Sessions Judge-VIII, Sitamarhi in Sessions Trial No. 490 of 2016 (Registration No. 522 of 2016) arising out of Riga P.S. Case No. 242 of 2014, whereby Respondent Nos. 2 to 7 were acquitted by the learned Trial Court from the charge under Sec. 148, and Sec. 307 read with Sec. 149 of the I.P.C., and were held guilty under Sec. 147 and Sec. 323 read with Sec. 149 of the IPC. The learned trial court further gave the accused the benefits of Sec. 3 & 4 of the Probation of Offenders Act, and released them after due admonition.

(2.) The prosecution case, as per the fardbeyan of the informant, Surendra Chaudhary, in brief, is that on 31/10/2014 at 8:30 PM, when the informant was returning home from his shop, he was assaulted by the accused persons, namely, (1) Subodh Singh, (2) Vinod Singh, (3) Rahul Kumar Singh, (4) Dipak Kumar, (5) Anita Devi, wife on Vinod Singh (6) Wife of Subodh Singh, name not known, (7) Richa Kumari and (8) Usha Devi. The motive for such assault was a previous land dispute between the accused and the victim. It was further alleged that all the accused persons were armed with lathi, danda and rod, and, surrounded the victim/informant with a common object to kill him. The informant further alleged that he was assaulted with lathi, danda and rod, and the accused persons, in course of such assault, used filthy language, and said "just finish him today", and "he has come from outside and occupied the land". Thereafter, Subodh Singh stabbed the informant with knife in his stomach, and the knife hit the back side of waist of the informant, thereupon, blood started oozing from the injured body part, and the informant fell on the ground in his own pool of blood. It was further alleged that, while he was lying in his own pool of blood, accused Vinod Singh took away Rs.15000.00 from his pocket, which was the sale amount from the informant's shop. On raising alarm, several persons gathered who tried to intervene and settle the matter. Subsequently, he was taken away to Sadar Hospital, Sitamarhi by his wife and son, with the help of villagers and went under treatment at the Hospital.

(3.) On the basis of the fardbeyan of the informant, Riga P.S. Case No. 242 of 2014 was instituted under Ss. 147, 148, 149, 307, 323, 341, 342, 379, 447 and 504/34 of I.P.C. and investigation was taken up by the police. The police after investigation submitted charge-sheet against Respondent Nos. 2 to 7, under Ss. 147, 148 and 307 read with Sec. 149 of the IPC and, accordingly, cognizance was taken. Thereafter, the case was committed to the Court of Sessions. Charges were framed against the accused persons to which they pleaded not guilty and claimed to be tried.