RAM CHANDRA PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal revision-application is directed against the Judgment and order dated 22nd June, 1988 passed by the 9th Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No.748/1977 whereby the learned Additional Sessions Judge has acquitted the opposite party No. 2 to 8 of the charges under Sections 302, 302/149, 148 and 307/34 of the Indian Penal Code.

(2.) The case of the prosecution against opposite party No. 2 to 8 may be briefly stated as follows:- That on 29th October, 1976 at 10 A.M. when the informant petitioner along with his uncle Lai Mohan Pandey (deceased) were operating their Sugar Cane Crusher accused opposite Party No. 8 Nathuni Pandey came there and took out 6-7 sugarcane from the bundle kept there. When the informant asked Nathuni Pandey not to take so much of sugarcane it led to an altercation and Nathuni Pandey left the place throwing away sugarcane. Soon thereafter all the accused persons including Nathuni Pandey armed with lathi, bhala and gadasa came at that place where crushing of sugarcane was going on. Accused Vishwanath Pandey and Sinhasan Pandey exhorted Nathuni Pandey to assault Lal Mohan Pandey whereupon Nathuni Pandey gave several lathi blows on the person of deceased Lai Mohan Pandey. Accused Sheo Muni on the exhortion of accused Dahari and Bhagwan gave blows on the person of the informant and accused Shri Ram Pandey gave lathi blow on the left knee of the informant. Ram Subhag Pandey alias Ghutur Pandey (P.W. 1), Brahamdeo Pandey (P.W. 3) and Jangi Pandey (P.W. 7) arrived at the place of occurrence whereupon the accused made good their escape. The two injured were taken to Surajpur hospital. Injured Lal Mohan Pandey (since deceased) was referred to Patna Medical College Hospital for treatment. Lal Mohan Pandey died in Patna Medical College Hospital after some time on 31st October, 1976. Fardbeyan of the informant was recorded at Surajpura hospital by the Officer-Incharge of Dawath police station and on its basis first information report was recorded. The police after investigation submitted charge sheet against the accused opposite party Nos. 2 to 8.

(3.) The defence of the accused was denial of the occurrence. It appears that the defence have also taken stand that on 29-10-1976 at about 10 A.M. Nathuni Pandey was taking his bullock to his 'kalhuar' and when he reached the back side cf the Dalan of Ram Subhash Pandey dsceased Lai Mohan Pandey and others reached there and surrounded Nathuni Pandey and his bullocks and exclaimed that they would not allow the bullocks to proceed as it had grazed the vegetable plants. It is also alleged that Sheo Narain and Jai Ram Pandey twisted the hand of accused Nathuni and Lai Mohan Pandey (the deceased) assaulted by brick on the face of accused Nathuni causing braking of teeth and Nathuni fell down and became senseless and was removed to Surajpura Hospital for treatment where he gave a statement to the police.