VISHWANATH PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision application has been filed against the judgment of acquittal dated 04-01-2002 passed by the Judicial Magistrate, Ist Class, Patna vide Phulwarisharif P.S.Case No.337/1995, G.R.No.3837/1995, Trial No.738 of 2001/537 of 2002.

(2.) PROSECUTION case in brief is that on 17.10.1995 at about 6.30 P.M. all the five accused persons, who are informants Gotia, variously armed with Lathi and Danda entered into the informants house and assaulted his family members, that has been specified by levelling allegation that accused Devanand Pandit assaulted informants sister-in-law(Bhabhi) by means of Lathi, which fractured his left shoulder, his nephew Laxmi Pandit also injured, his temporal region was broken. Informants brothers daughter-in-law also received injury. On hue and cry made by family members, neighbours came and saved the informant and his family members. Reason behind the incident is said to be pelting of brick bats by informants son.

(3.) IT is pertinent to mention here that one of the accused persons, namely Santosh Pandit in course of trial died. So, proceeding dropped against him.