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2015 Supreme(Pat) 1212

ASHWANI KUMAR SINGH
Pramila Devi – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant :Mr. Ram Sumiran Rai, Advocate
For the Respondents: Mrs. Abha Singh, APP

JUDGMENT :

Heard learned counsel for the appellant.

2. The instant appeal has been filed under the proviso to Section 372 of the Code of Criminal Procedure (For short “Cr. P.C.”) challenging the judgment of acquittal of opposite party nos. 2 to 6 dated 19.03.2015 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Begusarai in SC/ST Case No. 36 of 2003/0005137 of 2013.

3. The prosecution case in brief is that on 24th April, 2003 at about 7 a.m. at village-Bahadurpur Ghodda, P.S.-Mufasil, District-Begusarai while the informant Pramila Devi was watching her maize field, the accused persons being variously armed came there and told her to go away from the field. They abused her by taking her caste name. When she protested, the accused Yogendra Singh (O.P. No. 1) exhorted and on that order, all other accused persons began to assault her with lathi, stick, fists, feet and butt of pistol. The informant’s mother came in rescue but she was also brutally assaulted by the accused persons. It has further been alleged that the accused persons harvested the standing maize crop from the field of the informant and took away the same.

4. Initially, Compliant Case No. 598C/2003 was f












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