AKLOO AHIR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal by way of special leave arises out of the following facts:

(2.) At about 5.00 p.m. on 10th January 1981 Kishore Bhagat had returned home along with his father after feeding their cattle. As they were entering the door of the house Garju Ahir one of the accused (since deceased) emerged from the North side and asked Kishore Bhagat to return his fodder machine. Kishore Bhagat, however, refused to do so on which Garju fired a shot at him which did not hit its target. Appellant Akaloo Ahir, thereafter, came from the same direction and fired another shot at Kishore Bhagat which too missed its target. Following this attack, Suresh Singh and Brij Mohan Ahir too came there and Suresh Singh handed over a cartridge to his companion who fired a shot with his gun which hit Kishore Bhagat on his chest and stomach killing him at the spot. Several other accused armed with traditional weapons, thereafter, attacked Kishore Bhagat and caused several injuries to him as well and having done so the accused ran away from the spot leaving the dead body at the place where it had fallen.

(3.) On the completion of the investigation the accused Brij Mohan Ahir was charged for the offence under Section 302 of the IPC whereas the others were charged under Section 302/34 of the IPC. Garju Ahir and Akaloo Ahir, the present appellants, were charged under Section 307/34 of the IPC and under Section 27 of the Arms Act as well. The Court of Sessions in the course of its judgment held that the prosecution story had been proved beyond doubt and that all the accused other than Garju Ahir (who had died during trial) were liable to conviction and sentence for the offences under which they have been charged. The matter was, thereafter, taken in appeal to the High Court and the High Court partly reversed the judgment of the trial Court holding that as the accused who had been armed with traditional weapons had not caused any injuries in the light of the statement of the Doctor, they were entitled to acquittal. The appeal filed by Suresh Singh, Brij Mohan Ahir and Akaloo Ahir was, however, dismissed. The present appeal has been filed in this Court only at the instance of Akaloo Ahir.