JAYPRAKASH SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant has questioned the legality of the judgment of acquittal dated 04.05.2001 passed by learned Judicial Magistrate, 1st Class, Sahibganj in P.C.R. Case No.147 of 1998 whereby and whereunder the present respondent nos.1 and 2 were acquitted of the charges levelled against them under Sections 323 and 380/34 of the Indian Penal Code.

(2.) At the instance of the present appellant, a complaint case was lodged on 28.08.1998 with the allegation that on 26.08.1998 at about 11.30 a.m. the father of the complainant was making ornament in his shop situated in Borio, Hazaribagh and the complainant was also present when one Md. Islam came to his shop and demanded one 'Plass' (a tool). As the father of the complainant was engaged with that tool, he asked the accused to come later on. Thereafter, the two accused respondents came and abused the complainant in filthy languages and also assaulted him with fists and slaps and took away ornaments of different customers worth Rs.5550/.

(3.) It appears from the record that the court below after examination of the complainant on solemn affirmation and other witnesses, took cognizance of the offence and thereafter framed charges against the accused persons under Sections 323 and 380/34 of the Indian Penal Code. In order to prove the charges, the complainant examined altogether six witnesses. Of them, complainant was examined as C.W.1, father of the complainant namely Bhado Sharma examined as C.W.2, Gokul Kewat as C.W.3, Amal Lal Sharma as C.W.4, Ramprakash Sharma as C.W.5 and Panchu Kewat as C.W.6. It also appears that the defence has also examined nine witnesses in support of their case.