HARISH CHANDRA PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Criminal Revision application under Sections 397/401 of the Code of Criminal Procedure (hereinafter referred to as "the Code") has been filed by the petitioner -informant against the judgment of acquittal passed by the 3rd Addl. Sessions Judge, Gopalgunj. in Session Trail No. 196 of 1996 under Section 302/109, 302/149, 302, 342, 307, 324/and 323 of the Indian Penal Code arising out of Kuchaikote P.S. Case No. 61 of 1995.

(2.) The prosecution case, in brief, is that on 1.6.1995 the first informant was going to his medicine shop and when he came outside of his house he saw that accused persons were sitting on a Chauki. As per prosecution case, Sudama Pandey is the son of Bali Ram Pandey and Prema Devi is his wife. Mudala Devi is the wife of Vidya Pandey and Kalawati Devi and Lilawati Devi are daughters of Bali Ram Pandey. It is alleged that when the informant reached near the aforesaid persons, all of a sudden all the accused persons caught hold of him and brought him in a room and accused Sudama Pandey, threw him on the ground. On being asked by Baliram Pandey to kill the first informant Sudama Pandey took a knife but the first informant caught him. Further case of the prosecution was that Prema Devi assaulted the informant with Danda over his eye and Kalawati Devi assaulted him with a brick on his chest. In the meantime sister of the first informant, namely Kalawati Devi came to rescue him on which accused Sudama Pandey assaulted her with knife on her back and Vidya Pandey assaulted her with knife on her head. Accused Mudala Devi assaulted her with Danda on her stomach and leg. Further case of the prosecution is that Kamlawati Devi and Lilawati Devi had assaulted the mother of the first informant also with Danda. The first informant and his mother went near his sister who died after sometime. As per prosecution case the witnesses named in the first information report, namely, Haribhakta Pandey, Binod Pandey and Subhash Pandey had seen the occurrence and the cause of the incident was land disputed.

(3.) It appears that after investigation police submitted charge -sheet under the aforementioned sections and the case was. finally committed to the Court of Session. The Session Court after recording evidence and after hearing the parties passed the impugned judgment of acquittal.