RAJESHWAR PRASAD YADAV Vs. KAMESHWAR YADAV

JUDGEMENT

(1.) This application In revision by the informant is directed against the judgment and order dated the 18th May, 1976 passed by Shri Anirudh Prasad Singh, Judicial Magistrate, Second Glass, Nawadah, in C. R. Case No. 696 of 1972/T. R. 262 of 1976. By this judgment, the learned Magistrate has acquitted the members of the opposite-party who were charged for offences under sections 323 and 379 of the Indian Penal Code.

(2.) The relevant facts are that on the 29th September, 1972, the petitioner filed a complaint before the learned Subdivisional Magistrate, Nawadah, alleging therein that on the previous day in the evening when he was returning from Pakri - Barawan Block Office, the members of the opposite- party way laid him and took away from his upper pocket a sum of Rs.1200 and also assaulted him with fists and slaps, on which the petitioner raised an alarm. Some persons who were also going the same way and were about 20 banses behind are also alleged to have seen the occurrence and gone to the help of the petitioner. However, by then the opposite party, it is alleged, fled away through a maize field. The learned subdivisional Magistrate directed the Pakri -Barawan Police to investigate and submit charge-sheet in the case. The police after the investigation, submitted charge-sheet under sections 323 and 379 of the Indian Penal Code.

(3.) In support of its case, the prosecution examined not only the petitioner but various other witnesses who are said to be the eye-witnesses. The defence of the opposite-party at the trial was that they had been falsely implicated. On a consideration and appraisal of the evidence and the materials of the record, the learned Magistrate, as I have stated above, acquitted the members of the opposite-party.