KAYUM ANSARI Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THIS criminal revision is directed against the judgment dated 9.7.1998 by which the learned trial court acquitted the opposite party nos. 2 to 7 from the charges under Sections 342, 323, 407, 504/34 of the Indian Penal Code.

(2.) THE prosecution case, in short, is that in the night of 22.3.1995, the petitioner has gone into his new house after taking meal and they were. sleeping there. At about midnight somebody knocked the door. At this, the petitioner asked as to who was knocking the door, whereupon opposite party no. 2 asked him that he had a very urgent work. At this, the petitioner said to have opened the door and he saw all the accused persons standing near his door. It is said that Sarik Ansari started abusing in filthy language and thereafter, the accused persons assaulted both the brothers and also threatened them with dire consequences. Thereafter they started demolishing the house of the petitioner and they badly damaged the house. They also threatened the petitioner not to inform the police. On hulla raised by the petitioner, several villagers came there and thereafter he went to the police station and lodged the case.

(3.) FROM the impugned judgment, I find that the learned Magistrate after discussing the entire materials on record came to the conclusion that the prosecution was not able to prove the charges against the accused persons beyond all reasonable doubts.