PATNA, India, Oct. 3 -- Patna High Court issued the following judgment on Sept. 4:
Heard both sides.
2. The present appeal has been filed against the order dated 04.10.2023 passed in Complaint Case No. 154 of 2022 for the offences under Section 341, 323, 324, 506 of the IPC and Section 3(i)(r)(s) and 3(2)(va) of the SC/ST Act by the learned Exclusive Special Judge, SC/ST, Saran at Chapra whereby and whereunder the complaint petition of the appellant has been dismissed under Section 203 of the Code of Criminal Procedure.
3. As per complaint petition, the complaint/ appellant is a trader of dry wood who purchases firewood from the nearby area. On 12.07.2022, the complainant/ appellant came at orchard of respondents and saw two dry Shisham Trees. Thereafter, complainant/ appellant went to door of respondent no. 1 for purchasing the said trees and after negotiation both parties (respondent no. 1 and appellant) agreed to settle deal at Rs. 50,000/-. Thereafter, complainant/ appellant paid an amount of Rs. 25,000/- in advance and he told respondent no. 1 that he would come tomorrow i.e. on 13.07.2022 and after paying the rest amount and he would cut the trees. Thereafter, the appellant alongwith three labours reached at the house of respondent no. 1 to pay the remaining amount of Rs. 25,000/- and to cut the trees but respondent no. 2 told that they would not sell the trees at Rs. 50,000/- and demanded Rs. 80,000/- for the same and asked for additional Rs. 55,000/-, before handing over the trees. Thereafter, complainant/ appellant refused to purchase the trees and demanded to return Rs. 25,000/- which he had paid in advance upon which respondent nos. 4 and 5 abused the complainant/ appellant by calling his caste name and exhorted others to assault him. It is alleged that respondent nos. 1 and 2 assaulted the complainant/ appellant by means of lathi and labda upon his chest, neck, back and leg indiscriminately while abusing him by his caste name as a result of which complainant/ appellant sustained injuries on several parts of body. It is alleged that respondent no. 4 assaulted the complainant/ appellant by means of leg and shoes and dragged him while abusing the complainant/ appellant by calling his caste name as a result of which complainant/ appellant got injured. Thereafter, complainant/ appellant got treated on 13.07.2022 at Sadar Hospital, Chapra
4. Learned counsel for the appellant submits that complainant/ appellant is aggrieved by the dismissal order passed by the learned Exclusive Special Judge, SC/ST, Saran at Chapra on the ground of misapplication of the facts as asserted in complaint petition alongwith documents, as contained in Annexure 3 series. He further submits that the learned trial court has not mentioned about any medical prescription of appellant which he has filed regarding his treatment. He further submits that the learned trial court has failed to appreciate the fact that the occurrence took place on road i.e. public place and in public view. He further submits that after going through complainant's solemn affirmation, evidence of enquiry witnesses and list of documents, prima facie, a case is made out against the respondent nos. 2 to 5 under Sections 341, 323, 324, 506 of the IPC and Section 3(1)(r)(s) and 3(2)(va) of the SC/ST Act.
The rest of the document can be viewed at http://patnahighcourt.gov.in/viewjudgment/MjQjMTEzNiMyMDI0IzEjTg==-6xzuEswDceE=
Disclaimer: Curated by HT Syndication.
