MOHAMMAD MOHIUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been filed against the judgment and order of acquittal dated 27-7-1989 passed by Shri Md. Nayeemullah. Judicial Magistrate, 2nd Class, Dalsingsarai at Samastipur in Complaint Case No. 1498/86, Tr. No. 45/89 by which he has acquitted respondent Nos. 2 to 4 who wre charged under Sections 328, 452 and 379 of the Indian Penal Code.

(2.) The facts leading to the case is that on 14-10-1986 at 8 p.m. when the appellant went to his house from Samastipur, he noticed that some customers of the toddy shop of the respondent Nos. 2 to 4 were making filthy remarks and one of them was dancing naked in state of intoxication. The appellant asked the shop-keeper Rajendra Mahto (respondent No. 2) to close the shop and kick out the customers. This resulted in altercation and in the meantime, the other respondent Nos. 3 and 4 came there and at the orders of respondent No. 2, they all ran to assault the appellant who went inside his house to save himself. It has been further alleged that respondent Nos. 2 to 4 chased the appellant and pulled him out and assaulted him with fists and slaps. They committed theft of wrist watch and other household articles. It has been alleged that respondent No. 2 is the tenant of the appellant and had defaulted in paying the rent so a notice was given to him which annoyed him and in order to cause nuisance he has been running a toddy shop within any licence. The appellant filed a regular complaint and the learned Magistrate took cognizance against the respondent Nos. 2 to 4. Subsequently, the trial concluded with the result as stated above.

(3.) During the course of trial, 12 witnesses were examined on behalf of the appellant in support of his case. Out of which PW-1 to 5 are witnesses of occurrence. PW-6 is a tendered witness and (PWs-7) and 12 are formal witnesses.