PATNA, India, Sept. 9 -- Patna High Court issued the following judgment on Aug. 11:

The present criminal appeal has been preferred under Section 372 of the Code of Criminal Procedure against the judgment of acquittal dated 30.05.2024 passed by the learned Exclusive Special Judge (SC/ST Act), Patna in Special Case No.

209 of 2017, arising out of Bakhtiyarpur P.S. Case No. 73 of 2017, whereby Respondent Nos. 2 to 5 have been acquitted by the learned Trial Court from the charge of Sections 147, 149, 341, 323, 307, 504 of Indian Penal Code and under Section 3(1) (r) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. The prosecution case, in brief, is that on 14.03.2017 at 10:00 a.m., a Panchayati with regard to the disputed land was held in the house of the informant. In the Panchayati, the informant proposed to the parties to get land as per the registered deed, whereupon, Pramod Kumar refused to agree with the said proposal. It was further alleged that all the accused persons, started abusing and assaulting him, his brother and his other family members. The informant was assaulted by bricks on his head by Pramod Sao, and when his brother came in his rescue, he was also assaulted by Pramod Sao, with lathi. His mother was also assaulted and abused by the accused and they snatched one earring from her. They also abused the informant using the word "Harijan".

3. On the basis of fardbeyan of the informant, Bakhtiyarpur P.S. Case No. 73 of 2017 was instituted under Sections 147, 149, 341, 323, 307, 504 of Indian Penal Code and Section 3(1) (r) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and investigation was taken up by the police. The police after investigation submitted charge-sheet against Respondent Nos. 2 to 5 and, accordingly, cognizance was taken. Thereafter the case was committed to the Court of Sessions. Charges were framed against the accused persons to which they pleaded not guilty and claimed to be tried.

4. During the trial, the prosecution examined altogether nine prosecution witnesses i.e. PW1 Nipun Kumar, PW2 Bindeshwar Prasad, PW3 Bechan Kumar, PW4 Ranjeet Kumar (informant), PW5 Viltu Prasad Gupta, PW6 Bipin Kumar, PW7 Sarita Devi, PW8 Skand Kumar (I.O.) & PW9 Dr. Binod Kumar Singh. The prosecution has also produced certain documents which were marked as 'Exhibits' i.e., signature of the Informant on the fardbeyan; the fardbeyan; signature of SHO Lalan Prasad on the formal F.I.R.; chargesheet No. 190/2017 & injury report of injured Ranjeet Kumar. No witness has been examined on behalf of the defence. After closure of prosecution evidence, the statements of the accused persons were recorded under Section 313 Cr.P.C. and after conclusion of trial, learned Trial Court has acquitted the accused persons.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NSMxMDAxIzIwMjQjMSNO-0BojQXEMO0E=

Disclaimer: Curated by HT Syndication.