SHEOJEE SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) /1/2013 Page 188 Suman Kumar Verma Versus Union Of India 1. This revision is against the order dated 17th April 2001 passed by the Sessions Judge, Vaishali at Hajipur in Cr.Appeal No.3 of 2001 affirming the judgment dated 15th December 2000 passed by Sri Nand Kishore Gupta, Sub -Divisional Judicial Magistrate, Hajipur in Complaint Case No.Cl. 873 of 1997. by which the petitioners have been convicted under Sec. 323 IPC and were released after due admonition under Section 3 of the Probation of Offenders Act.

(2.) THE petitioners and O.P.No.2 (complainant) are full brothers. The case of the complainant/ O.P.No. 2. was that on 15th May 1997 at about 2:00 P.M. while he was at his house, petitioner Sheojee Sah came upon his land and tried to construct Bhuskar upon his land whereupon he (the informant) prohibited saying that that field fell in his share and that he will not allow the construction of Bhuskar over his land as a result of which it was alleged that the petitioner Ram Baboo Sah gave a Chhura blow causing bleeding injury on the left temple and Sheojee Sah took out a Kajrauta and a blank paper and forcibly obtained his (complainant 's) L.T.I, on it. Out of fear the complainant left the place and that thereafter the petitioner -accused entered into the house and took out a box of complainant 'swife. The box contained clothes, ornaments worth Rs.5,000 - and cash of Rs. 500/ -. The complainant alleged that he came to the local Police Station but his case was not taken. Hence, he filed the complaint on 20th May 1997, because the civil court was closed during the period.

(3.) THE perusal of the record shows that the complainant deposed as P.W. 3 and he stated in his evidence that when he tried to construct Bhuskar, Ram Baboo Sah gave him a Chhura blow causing injury on his left temple and Sheojee Sah assaulted him with Lathi, fists and slaps. He also deposed that Sheojee Sah forcibly took his L.T.I, and fled away. He further deposed that Ram Baboo Sah took away a box containing ornaments, clothes all worth Rs.5,500/ - from the house. In the cross - examination, he deposed that after the occurrence, he had become unconscious and that on regaining consciousness his wife had disclosed before him about the petitioners taking away the box from the house. He also deposed that at the time when his L.T.I., was taken, he was unconscious.