PRAKASH PRASAD SWAMKAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS Cr. Revision Application is directed against the judgment of acquittal of the members of the O.P. Nos. 2 to 8 herein in Cr. Appeal No. 70 of 2008 recorded by the Sessions Judge, Hazaribagh on 10th July, 2008 by setting aside the judgment of their convictibn and order of sentence passed by Sri Prakash Jha, Judicial Magistrate, 1st Class, Hazaribagh in G.R. No. 2960 of 2002 on 3.5.2008 corresponding to T.R. No. 128 of 2008 for the charge under Sections 147/323/504/341 I. P.C.

(2.) THE prosecution against the O.P. Nos. 2 to 8 herein was launched on the basis of the Complaint Petition filed on behalf of the petitioner herein alleging inter alia that on 20.11.2002 at about 9.30 a.m. while he was engaged in making gold ornaments in his house the O.P. Nos. 2 to 8 entered into his house by breaking open forming an unlawful assembly and started abusing him.

(3.) ON the other hand learned Counsel appearing for the O.P. Nos. 2 to 8 Mr. Anil Kumar strongly controverted the contention of the Counsel for the petitioner and submitted that the judgment recorded in the appeal by the Sessions Judge is well discussed and it was not the case wherein clean acquittal was awarded to the accused persons, who are the O.P, Nos. 2 to 8 herein rather they were acquitted after benefit of doubt was given to, them as the learned Sessions Judge held that the prosecution case could not be proved beyond all probabilities. The Sessions Judge observed: ''