DILCHAND BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Revision Application has been preferred at the instance of the informant against the Judgment of acquittal dated 24.6.1998 passed by 2nd Assistant Sessions Judge, Chatra in Sessions Trial No. 23 of 1994 whereby, the learned 2nd Assistant Sessions Judge,Chatra acquitted the accused persons from the charges under Sections 147, 148, 149, 307, 324 and 323 of the Indian Penal Code.

(2.) THE prosecution case in short is that on 3.12.1991, at about 5:00 A.M., the accused persons having armed with Garasa and Lathi came to the house of the informant Dilchand Bhagat (P.W.6) and thereafter, the accused Bhuneshwar Bhagat and Ashok Bhagat who were having Garasa in their hand, started assaulting upon him causing injuries to his right canthus while the ac -cused Ramdas Bhagat, Madho Bhagat, Dhaneshwar Bhagat, Matuk Bhagat, Kailash Bhagat, Suraj Bhagat, Lakhan Bhagat, Mohan Bhagat, Harihar Bhagat, America Bhagat, Dwarika Bhagat and Daso Bhagat, who were armed with Lathi, assaulted Ganga Bhagat, Tejni Devi, Shambhu Bhagat and Jagdish Bhagat causing injuries on their persons. It is said that the accused Ashok Bhagat Assaulted Tejni Devi with Garasa as a result of which, her nose was cut while the accused Bhuneshwar Bhagat hit the informant with Garasa on his Canthus.

(3.) SO far the present case is concerned, it appears that during trial, altogether eight witnesses were examined on behalf of the prosecution and on behalf of the defence, two witnesses were examined. The learned trial Court, on the basis of evidence adduced on behalf of the prosecution and the materials on record, acquitted the accused persons holding that the story put forward by the prosecution was quite unreasonable and that the prosecution party was aggressor and they took the law in their hands as a result of which, the case and counter case crept in and the injuries sustained by the informant party could have been caused by the accused persons in the right of their private defence.