STATE OF BIHAR Vs. BISHWANATH RAI

JUDGEMENT

(1.) These three appeals, first two by the State of Bihar and the other by injured witness Ramesh Prasad Thakur and Shanti Devi widow of deceased, Bacha Thakur, are directed against the judgment and order of acquittal dated 4th September, 1985 passed by the Patna High Court in Criminal Appeal Nos. 506 and 569 of 1981.

(2.) As many as 16 accused were tried for the murder of Bacha Thakur and for causing injuries to Ram Prasad Thakur and Chandra Mohan Thakur. The trial Court acquitted accused Nos. 13 to 16. It held that the other accused had formed an unlawful assembly and in prosecution of their common object, caused the death of Bacha Thakur. Ram Chandra Singh, one of the respondents in these appeals was convicted under S. 302, I. P. C. and others were convicted under S. 302 read with S. 149, I. P. C. They were also convicted under S. 323 read with S. 149, I. P. C. Accused Nos. 2 to 12 challenged their conviction and sentence by preferring Criminal Appeal No. 506 of 1981 and Ram Chandra Singh did so by preferring a separate appeal, viz., Criminal Appeal No. 569 of 1981 in the Patna High Court. Both the appeals were heard together and disposed of by a common judgment. The High Court allowed both the appeals and acquitted the accused.

(3.) The State feeling aggrieved applied for special leave of this Court to appeal against all the 12 accused who were convicted by the trial Court but acquitted by the High Court. This Court, however, granted leave to appeal against accused No. 1 only. Injured witness, Ramesh Prasad Thakur and Shanti Devi, widow of deceased Bacha Thakur have filed Criminal Appeal No. 393 of 1986, with leave of this Court against the acquittal of accused No. 1, Ram Chandra Singh only.