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1978 Supreme(Pat) 193

P.S.SAHAY, HARI LAL AGRAWAL
Babuchand Prasad – Appellant
Versus
Rambabu Gope – Respondent


Advocates Appeared:
For the Petitioner: Messrs Lalit Mohan Prasad and Ashwini Kumar
For the Opposite Party: Messrs A K. Dutra and Rajendra Prasad.

JUDGMENT

By Court

The petitioner who was the first informant in Dhanarua P.S. Case No.7 (8) 73 has the order of the First Additional Sessions Judge, Patna, acquitting the accused (Opposite party Nos. 1 to 5) of the charges levelled against them in the following circumstances.

2. The petitioner lodged a first information report against the opposite party alleging that on the 17th of August 1973. at about 10 A.M. while the petitioner's father was watching his maize crop situated towards the east of the village a she buffalo of opposite party no. 3 began to graze his maize crop. He, however, drove out the she buffalo. The daughter of opposite party no. 3 was tending the she buffalo. She is said to have reported an exaggerated version that the petitioner's father had abused and assaulted her on above account. It is said that on this report all the five members of the opposite party rushed to the maize field, variously armed surrounded the petitioner's father and brutally assaulted him with lathis who fell down on account of the assault and became unconscious. The petitioner's father later succumbed to his injuries ill the evening in the hospital.

3. The police, after investigation sent up










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