RAM BALI RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal revision application is directed against the order, dated 10th May, 1985 passed by Shri S.K. Bhartiya, Judicial Magistrate, 1st Class, Arrah, in Case No. 1129 (C)/83, by which the complaint petition filed by the petitioner against the opposite parties, second parties was dismissed.

(2.) The brief history of the case giving rise to this criminal revision application is that the petitioner as a complainant filed a complaint petition on 29.11.83, in the Court of the Chief Judicial Magistrate, Arrah, against opposite parties--second parties alleging that in the night of 28.11.83, the petitioner woke up on the sound of breaking of door and in the flash of the torch light he identified the members of the opposite parties-second parties, who entered into his house and committed dacoity and that when on alarm raised by the petitioner and members of his family, the villagers assembled there whereupon the dacoits started fleeing away with looted articles and one of them Keshwar Rai was apprehended on his darwaza with his country-made pistol by the villagers who assaulted him badly, as a result of which he died. It was further claimed that the dacoits fired their guns also and looted away property worth Rs. 50,000.00. It was further claimed that an information to that effect was given by this petitioner to the police whereupon police party arrived and seized the dead body, who inclusion with the accused persons did not register a case of the complainant and arrested the complainant himself. It was also mentioned therein that about two months ago the informant's nephew, Jogendra Rai, was murdered and some of members of opposite parties--second parties, who were accused, had been released on bail and, thereafter, they were threatened the complainant, regarding which one Station Diary Entry was made in Koilwar Police Station on 24.11.83.

(3.) The Chief Judicial Magistrate, after examining the complainant on solemn affirmation, transferred the case under Section 192 of the CODE OF CRIMINAL PROCEDURE, 1973 to the Court of Shri S.K. Bhartiya, Judicial Magistrate, 1st Class, Arrah, where the complainant examined three witnesses, namely, P.W. 1 Basant Singh, P.W. 2, Etroja Devi, and P.W. 3, Satyendra Ram. On 30th November, 1984, a petition was filed on behalf of the complainant that he has not examined any other witness and thereafter, the argument was heard and the impugned order was passed.