Bhadai thereupon filed a petition of companyplaint in the Court of the Sub Divisional Magistrate, Gopalgunj, on November 22, 1956.
Appeal by special leave from the judgment and order dated November 27, 1959 of the Patna High Court in Criminal Appeal No.
Bhadai had Rs.
On the Following day two learned Judges of the High Court made the order The appeal will be heard.
Against the order of acquittal, Bhadai Sah filed an appeal under s. 417 3 of the Code of Criminal Procedure in the High Court of Judicature at Patna.
Against this order of the High Court the present appeal has been filed by special leave of this Court.
The Sessions trial ended, as already stated, in the acquittal of all the appellants.
250 with him but he refused to part with them.
63 of 1957.
On this all the appellants assaulted him with their lathis and as he fell injured Kesho Singh took away the money from his pocket.
56 of 1960.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal NO.
Ultimately, a charge sheet was submitted by the Police and the accused persons were companymitted to the Court of Sessions.
The prosecution case was that on November 15, 1956 when Bhadai Sah, a businessman belonging to Teotith, within police station, Baikunthpur, was passing along the village road on his way to purchase patua, the seven appellants armed with lathis surrounded him and demanded that he should hand over the monies he had with him.
K. Sinha, for the respondent.
The Judgment of the Court was delivered by DAs GUPTA J. These seven appellants were tried by the Assistant Sessions Judge, Saran, on charges under s. 395 of the Indian Penal Code and also under s. 323 of the Indian Penal Code but were acquitted by him of both the charges.
The Magistrate after examining him on solemn affirmation made an order asking the Sub Inspector of police, Baikunthpur, to institute a case and report by December 12, 1956.
P. Singh, for the appellants.
October 4, 1963.
Kesho Singh one of the appellants tried to take away forcibly the currency numberes from his pocket but Bhadai caught hold of his arm and raised an alarm.
