ARUN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is filed by the son of the deceased-Sheo Kumar Pati Tiwari against the final Order dated 21.04.2014 passed by the High Court of Judicature at Patna in Criminal Appeal(D.B.) No.1030 of 2013 whereby the Division Bench of the High Court dismissed the appeal filed by the appellant herein under Sec. 372 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") against the acquittal of respondent Nos.2-5 of the charges under Sections 302/34, 201 and 307 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") vide judgment dated 17.09.2013 passed by the Ad-hoc Additional District & Sessions Judge-III, Siwan in Sessions Trial No.32 of 1993.

(3.) The prosecution case, in short, is that on 24.07.1991, after having dinner at 9.00 p.m., the informant-Uma Pati Tiwari along with his elder brother Ram Tapasya Pati Tiwari and nephew Sheo Kumar Pati Tiwari were talking with each other at the Bathan situated at Village Kashidat Diara District Siwan, Bihar. At that time, Ram Naresh Chaudhary with Gun, Sukhraj Mallah with Gun, Janardan Ahir with Lathi, Chandeshwar Kurmi with Gun, Anil Singh with Gun, Balinder Ahir with Lathi, Naga Bhar with Lathi and Dwarika Chaudhary with Lathi came there in group and attacked them. Janardan Ahir and Balinder Ahir hit on the right hand of the informant with lathi five times and Sukhraj Mallah fired gun shot on Ram Tapsya Pati Tiwari, the brother of the informant. Ram Naresh Chaudhary, Anil Singh and Sukhraj Mallah fired bullets from gun at Shiv Kumar Pati Tiwari. The informant and the people with him fell down being injured. Shiv Kumar Pati Tiwari died and the accused persons fled away with his dead body towards South. The informant had injuries on his right hand and back and Ram Tapsya Pati Tiwari had gun shot injury on his left eye, left ear and also at nose. The other villagers saw the incident.