SYED TAMUL HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been directed by the complainant-appellant against the order dated 31-5-1996 passed by Shri A. Kumar, Judicial Magistrate, 1st Class, Seraikella in Complaint Case No. C/1 Case No. 29 of 1994 whereby all the accused respondents have been acquitted.

(2.) The complainant lodged a petition of complaint before the Court of A.C.J.M., Seraikella on 25-6-1994 regarding an occurrence which is said to have taken place on 12-6-94 between 8.00 A.M. and 11.00 A.M. in village Kadamdiha Kharswan, P.S. District Sighbhum West under Sections 323, 447, 427 and 506/34, I.P.C.

(3.) The complainant was examined on S.A. on 27-6-1994 and the learned A.C.J.M. aforesaid took cognizance of the offence under sections 323 and 427 of the I.P.C. and transferred the case to the Court of Shri N.K. Tiwari, J.M. for trial. All the respondents appeared before the Court and they were bailed out by order dated 16-8-1994. The substance of accusation under Section 251 of the Cr.P.C. was explained to the accused/respondents on 28-9-94 as it was a summons trial and the appellant was directed to adduce evidence in this case. When no evidence was adduced in this case on behalf of the appellant, the learned Court below vide impugned order referred to above has been pleased to acquit the respondents under Section 256 of the Cr.P.C.