SIYARAM MIRDHA Vs. DHANANJAY KUNWAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioners have sought leave to appeal against the judgment of acquittal dated 26th November, 2016 passed by learned Additional Sessions JudgeIV, Godda, whereby the accused persons/opposite parties herein have been acquitted of the charges under Sections 148, 341/149 & 307/149 read with Section 34 of Indian Penal Code in Sessions Trial No. 138/2011.

(3.) The case of the parties as borne out from the F.I.R and the evidence on record, inter alia, discloses that there was a case and counter case between the informant party and opposite parties. The instant trial is based upon the F.I.R lodged by the informant, Mohar Lal Mirdha (P.W.3) at about 9:00 hours on 11th February, 2010 recorded by A.S.I of Mahagama Police Station being Mahagama P.S. Case No. 13/2010. Informant, inter alia, alleged that on 11th February, 2010 at about 06:00 P.M in the evening while he was sitting outside his house, his father Ishwar Mirdha (P.W.1), maternal brother Siyaram Mirdha, Badami Devi (P.W.2), Alwa Devi and Jalar Mirdha (P.W.5) were also standing there. Meanwhile, these accused persons by forming unlawful assembly armed with deadly weapons, came there and started assaulting them. Accused, Dhananjay Kunwar gave a Gadasa blow on the head of the informant and Manju Kunwar gave a Gadasa blow on the forehead of Badami Devi (P.W.2). Accused, Anit Kunwar gave a Lathi blow to Ishwar Mirdha (P.W.1). Badami Devi and Ishwar Mirdha got injured and blood started oozing out from their injury. Thereafter all accused persons started pelting bricks and stones. Badami Devi became unconscious. On alarm, villagers assembled and the accused persons fled from the scene. Mahagama Police reached on the place of occurrence after sometime and sent the injured Siyaram Mirdha, Alwa Devi, Badami Devi, Ishwar Mirdha, Jalar Mirdha including the informant to Sadar Hospital, Godda by police jeep. Informant alleged that the accused persons were in illegal possession over 17 Kathas of lands of the informant after constructing their houses and were residing therein. Cause of occurrence was land dispute.