RAM KISHUN SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been filed against the judgment and order of acquittal dated 24-7-1989 passed by Shri Bipin Bihari Lal, Judicial Magistrate, 1st Class, Sitamarhi in Complaint Case No. C 44/88, Tr.No. 389/1989 by which he has acquitted the respondents.

(2.) The prosecution case, in short, is that on 10-1-1988 at 8 a.m. respondents variously armed with lathi, bhala came at the dsarwaja of the appellant and asked the appellant to release the bullock of the respondent No. 1 which was caught while grazing seem of the appellant and on refusal the respondents assaulted the appellant with fists, slaps and lathi and the accused Ram Ekbal Mahto (sic) snatched bullock from the possession of the appellant. It has been further alleged that when Genalal Mahto came to save the appellant, the respondents also assaulted him with fists and slaps, The appellant got his injury examined by a local doctor and then the appellant filed a complaint in the Court of SDJM, East, Motihari, who took cognizance of the offence and transferred the case for its trial. Thereafter, trial concluded with the result as indicated above.

(3.) I have perused the judgment impugned. The reasons given against the acquittal by the trial Court appears to be acceptable and I do not find any infirmity.