STATE OF BIHAR Vs. HIRDAYANAND SHARMA

JUDGEMENT

(1.) This Government appeal has been preferred against the judgment of acquittal recorded in Sessions Trial No. 408/83 by Sri J. Tigga, 7th Addl. Sessions Judge, Palamau through which all the respondents who were figuring as accused in the Sessions Trial were acquitted.

(2.) The prosecution Case, in short, is that the informant has alleged that there was dispute in respect of some Lands of village Lumba within Bishrampur P.S. between the informant and his against and so on 19.8.82 Anchal Amit of the Government came for measurement to which his co-sharer pretested. Again on 20.8.82, at about 8.30 a.m. in the morning, his agnates Hridayanand Sharma and others began to quarrel regarding the measurement of the lands by Amin and immediately after that Hridayanand Sharma brought a garassa from his house; whereas Raj Kumar Sharma and Radhe Shyam Sharma Janardart Sharma brought lathi and Hirdayanand Sharma gave a garassa blow on the head of the father of the informant due to which he fell on the ground and when the informant Shayama Sharma intervened, then he was also assaulted by lathi by Raj Kumar and Radheyshyam. It has also been alleged that immediately after that Mahendra Sharma, Nagendra Sharma and some others as named in the FIR came and they again instigated the aforesaid accused persons to assault but in the meantime some villagers came and then the accused persons left the place. Immediately after the occurrence, the informant lodged information by giving a fardayan at Bishrampur P.S. an 20.8.82 at about 1 p.m. and on that basis this case was instituted. Then the injured, that is the informant and his father were taken to the hospital where they were treated by a doctor. The police after investigating the case submitted charge sheet as against the respondents here.

(3.) The Case was committed to the court of sessions and the trial Judge Sri Jiwan Tigga framed charges under Sections 307 and 148 IPC as against all the respondents and the accused claimed themselves innocent and denied to have taken part in the occurrence.