MUNNA MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision application has been filed against judgment and order of acquittal dated 31.3.1994, passed by VI Additional District and Sessions Judge, Dhanbad in Sessions Trial No. 5 of 1988, whereby opposite parties 2 to 4 were not found guilty of charges under Sections 341 and 307 of the Indian Penal Code.

(2.) ACCORDING to prosecution case, on 24.6.1986 at 6 A.M. petitioner, P.W. 4 with his brother Ghaltu Mahto, P.W. 3, went to their Bari land, and found opposite parties 2 and 3 digging Nali just by the side of wall of their house and protested. On this, opposite party no. 2 rushed into his house and returned back with Bhala and Sword in his hands and made over Sword to opposite party no. 3. Opposite party no. 4 also came out of the house with Lathi in his hand. Both of them were chased and petitioner 'sbrother Ghaltu Mahto was surrounded and assaulted near the house of Ganesh Mahto by opposite party no. 4 by Lathi on his leg and he fell down, opposite party no. 2 then assaulted him with Bhala on his wrist and again assaulted with the said Bhala at his right eye. The petitioner watched the occurrence from inside his house as he did not dare to come out.

(3.) IT is well settled that this Court in revision against acquittal is not required to reweigh the evidence as if it was appeal against acquittal. l do not find any glaring defect of procedure or that the trial court had shut out the material evidence, which was admissible or attempted to take into account evidence, which was not admissible or had overlooked some evidence.