MAHENDRA RAI Vs. RAJENDRA PASWAN

JUDGEMENT

(1.) The informant is the petitioner against a judgment of acquittal dated 3 -9 -93, passed by Mr. Gajendra Prasad, Judicial Magistrate, 1st Class, Begusarai, in GR No. 2401/89 (Trial No. 136/93) State of Bihar v. Rajendra Paswan and 12 Ors., whereby the accused -opposite party herein have been acquitted of the charges under Sections 147, 148, 323, 149, 324/149 and 337/149, I.P.C., and opposite party Nos. 7 and 8 have in addition been acquitted under Section 380 of the I.P.C.

(2.) The prosecution case, in brief, is that on 3 -11 -89 at about 2,30 a.m. the accused -persons while ploughing their field and annexed the ridge belonging to the informant. In the morning of 3 -11 -89, at about 6 a.m., on the field itself, there was a verbal duel between the informant and the opposite party herein, whereafter according to the prosecution case, the informant and others ran to their residence to save themselves from the assault of the accused -persons. The prosecution party were assaulted by the accused -persons in front of the residence of the informant, whereafter opposite party Nos. 7 and 8 herein had stormed into the house of the informant and taken away a box containing jewellery and other items. The accused -persons were charge -sheeted the prosecution party examined 12 witnesses in support of their case including the doctor who had treated both sides. The defence did not examine any witness. After a full length trial, the trial Court had been pleased to acquit the accused -persons of all the charges. Hence, the present revision application at the instance of the informant with the prayer to set aside the impugned judgment and remit the matter back to the trial Court.

(3.) While assailing the correctness of the impugned judgment learned Counsel for the petitioner submitted that it is a case of misdirection. It is submitted that overlooking the prosecution case the trial Court has come out with a different case which is not borne out by the evidence of record. It is, therefore, fit case in which the impugned judgment of acquittal should be set aside and the matter should be remitted back to the Court below for fresh order in accordance with law.