ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

Date : 24-09-2024

Heard learned counsel for the informant-appellant and learned Additional Public Prosecutor for the State.

2. The present appeal has been preferred for setting aside the judgment of acquittal passed by learned Additional Session Judge-III-cum-Special Judge, SC/ST Act, Gopalganj (hereinafter referred to as the ‘learned trial court’) on 14.07.2023 in Gopalganj SC/ST Case No. 48 of 2017, Registration No. 270 of 2017. By the judgment under appeal, the three accused-respondent nos. 2 to 4 who were facing trial for the charges under Sections 341 /34, 323/34, 504/34 of the Indian Penal Code , Section 3(i)(r) of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act (in short ‘SC/ST Act’) and Section 3(i)(w) of the SC/ST Act have been acquitted.

Prosecution Case

3. As per the prosecution story which is based on the written application submitted by the informant, namely, Sarda Ram (PW-4), on 01.11.2017 in the evening hour, at about 04:00 PM, Ashok Mishra, Kashi Mishra and Jai Prakash Mishra, all of village- Baijalaha, Post- Ratanpur, P.S.- Gopalpur, District- Gopalganj along with other unknown persons c