IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1084 of 2006 MAHESH SINGH @ MAHESH PRASAD SINGH @ LALA SINGH, son of Shaligram Singh, resident of village Mohanpur, P.S.Muffasil, district Begusarai. ..Informant/petitioner Versus 1. The State of Bihar. 2. Jhamlal Mahton, s/o late Moti Lal Mahton. 3. Manoj Mahton, son of Jhamlal Mahton, O.P.No.2 and 3 ..Accused/Opposite parties. For the petitioner:Mr.Jai Prakash Singh For the Informant:Mr.Zeyaul Haque For the State : Mrs. Pushpa Sinha,APP ----------- 07. 05.07.2010 Heard learned counsel for the petitioner and learned counsel for the opposite party nos.2 and 3. Petitioner(informant of Mufassil P.S.Case No.182/2000), seeks to challenge the judgment and order of acquittal recoded by the learned Additional Sessions Judge F.T.C.V, Begusarai, in Sessions Trial No.07/2001. P.W.7(Mahesh Prasad Singh), lodged an FIR alleging therein that when his nephew, namely, Niraj Kumar Singh(P.W.8) had gone to the house of the accuseds for demanding payment of certain amount earlier extended to them, he was assaulted by two sons of Jhamlal(opposite party no.2) by means of Lathi. On Hulla, he went to the place of occurrence and objected to such assault whereafter at the instance of the father(opposite party no.2), his two sons assaulted him by means of Lathi causing injury to him as well. There is a counter version also of this case being Mufassil P.S.Case No.183/2000. This fact has been inferred - 2 - from the deposition of both the injured witnesses, namely, P.W.7 Mahesh Prasad Singh and P.W.8 Niraj Kumar @ Ram Kumar. Learned trial court in view of the facts appearing from the record evaluated the evidence of these two witnesses in paragraphs 8 and 9 of the judgment which read as under: “8. Since Mahesh Singh alias Lala Singh examined as P.W.7 is the informant of this case, his testimony is taken first for assessment. On going through the evidence of this witness, I find that this witness in his evidence at the stage of trial has stated that on 7.3.2000 at about 7 in the morning was at his house. He has further stated that he has sent his nephew Niraj Kumar for bringing money from the accused Jhamlal. He continued saying that on such demand made by his nephew accused Manoj Mahton and Ramanuj Mahton assaulted him by means of lathi causing injury on his head and stitch was done on his injuries. This occurrence did take place while he was washing his mouth and on bulla he came to the house of Jhamlal and took his nephew to Begusarai. He has also alleged that accused Jhamlal and his both sons also assaulted him causing injuries in his right elbow. He got the injuries treated by Dr. Pramod and thereafter lodged the instant case and has proved his signature on the written report marked as Ext.3. In the concluding line of his examination-in-chief, the has stated that as there was pain in his right hand he could only made his signature on the written report. On cross examination by the defence, this witness has admitted that a counter case has been filed against him by the accused persons which is Mufassil P.S.Case No.183/2000. In para-6, he has stated that when he arrived at the P. O. he found Niraj lying on the ground. He thereafter took him to the police station and subsequently to the hospital. In para-9 of his evidence, he has stated that at the time of his arrival at the P.O. there were as many as 50 persons gathered there. He made no conversation with any one - 3 - and simply took Niraj from there and went away. In para-11 he has asserted that he loaned money to the accused on account of latter’s daughter’s marriage. The date of which he does not remember. 9. The next material witness is Niraj Kumar alias Ram Kumar examined as P.W.8. Though, strange enough this witness has not been subjected to his examination u/s 161 of the Cr. P.C. by the I.O. the reason best known to the I.O. himself but considering this witness victim in the alleged occurrence he was brought before the court for recording his evidence. This witness has stated in his examination-in-chief that on the relevant date at about 7 A.M. his uncle Mahesh Prasad Singh entrusted him to go to Jhamlal Mahton for taking the loan, back from him. He went there where the accused persons allegedly abused him and also threatened him for dire consequences and soon thereafter accused Jhamlal, Manoj and Ramanuj(not sent up for trial) came out where the accused Manoj was armed with axe and other two were armed with lathi. He has further stated that the accused Manoj gave him a blow of axe over his head whereas accused Jhamlal assaulted him by means of lathi on his wrist and Ramanuj assaulted him by means of lathi on his back. He further stated that on alarm raised by him his uncle Maheshwar Prasad came there who was also assaulted by three persons. It is said that he was taken to Begusarai for his treatment. On cross-examination by the defence, it has been attributed that the accused has got a case registered against the informant and others for the same occurrence. In subsequent para he has stated that there was no such transaction of money in between his uncle and the accused earlier. This money was lent to the accused in the year 1998 and his uncle used to make demand for repayment of loan from the accused himself. In para-7 he has stated that the accused Jhamlal came out having axe in his hand but this witness just supposed that the accused was coming out with money. In subsequent para he has repeated the assault made by Manoj by means of axe and the other two by means of lathi.” - 4 - On evaluation of their evidence in the light of the allegations contained in the FIR and also keeping in view the fact that the I.O. of the case has not been examined, the learned trial court has come to the conclusion that the prosecution has not been able to prove the charge beyond shadow of all reasonable doubts. In my view, the approach of the learned trial court and the consideration of the material/evidence available on record cannot be said to be perverse meriting any interference. This application has no merit which is accordingly dismissed. hr ( Kishore K. Mandal )