PRAYAG YADAV Vs. STATE OF JHARKHAND AND OTHERS

JUDGEMENT

(1.) Heard Mr. R. A. Chaubey, learned counsel for the petitioner and Mr. Deepak Kumar, learned counsel appearing for the opposite party Nos. 2 to 7.

(2.) This application is directed against the judgment dated 29-6-2005 passed in Cr. Appeal No. 97/2004, by the learned Additional Sessions Judge, Fast Track Court No. IV, Hazaribag, whereby and whereunder the judgment and order of conviction and sentence dated 7-7-2004 and 8-7-2004 passed in S.T. No. 372/1997, by the learned IInd Assistant Sessions Judge, Hazaribag convicting the opposite party Nos. 2 to 7 for the offences u/Ss. 323 and 395 of the Indian Penal Code has been set aside.

(3.) A complaint Case was filed on the allegation that the accused persons variously armed with a common intention and common object and by forming unlawful assembly had come to the house of the petitioner and thereafter illegally trespassed in the Angan of the house. It has been alleged that the complainant was asked to give Kal and Karah which is used for smashing sugar cane otherwise he and his family members would be done to death. The complainant, his wife and his mother protested at which the accused persons had assaulted the complainant, his wife and his mother with tangi, lathis, fists and slaps. It has also been alleged that as a result of the assault injuries were suffered by the complainant and other persons. Further allegation has been levelled that the accused persons had forcibly entered and without the consent of the complainant had taken away Karah worth Rs. 5000/- and cash Rs. 1500/- from the pocket of the complainant as also taking away one Kal worth Rs. 7000/- kept in the Angan of the house of the complainant.