STATE OF BIHAR Vs. JAGDISH DUBEY

JUDGEMENT

(1.) The three respondents, Jagdish Dubey, Prem Dubey and Alagoo Dubey were acquitted of the charge of assault by the 1st Assistant Sessions Judge, Arrah. Respondent No. 1 Jagdish Dubey was acquitted of the offence under section 326 of the Indian Penal Code and the rest two of the offence under section 323 of the Indian Penal Code. The injured was Khublal Sao (P. W. 3) who was the informant of this case. The occurrence of assault took place in village Dasiaon within Police Station Nawanagar, in the district of Sahabad (now Bhojpur). The case for the prosecution was simple.

(2.) According to the prosecution the three accused persons were grazing the Makai filed of the informant, Khublal Sao, on the 14th August, 1968, at about 3 p. m. That Makai field had been given to Ramjan Mian and Matuk Mian on Batai by the informant. A protest was made by the informant. A quarrel ensued and then Jagdish Dubey gava a Bhala blow into the abdomen of the informant and the remaining two respondents assaulted htm with lathies. As a result of the assault the informant fell down in the Makai field. The defence of the accused respondents was that they had been falsely implicated. The place and manner of occurrence were also challenged. I have looked into the evidence and have also read the judgment of the trial court. The reasonings given by the trial court for acquittal are these :-

(3.) The result is that the appeal fails and is dismissed.