SHIVA SHANKAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application against the judgment of acquittal recorded in Sessions Case No. 181/11 of 1997 by the 1st Additional Sessions Judge, Rohtas at Sasaram in which the learned Judge, on consideration of the evidence and materials on the records had held that the prosecution had failed to prove the charge against the accused, who are opposite party Nos. 2 to 6 in this petition, beyond reasonable doubt and acquitted them.

(2.) Obviously in this case, and also claimed in the First Information Report (Ext. 3), the informant Shiv Shankar Singh @ Ghogha Singh was the only eyewitness who claimed in the First Information Report that while on the date of occurrence, he was coming with his uncle and when he stopped on the way to urinate, uncle Kamla Singh proceeded further and thereafter one of the persons there from earlier assaulted him with dagger and on warning of his uncle to flee away, he started fleeing away and heard some sound of firing. In the village, he raised hulla that his uncle had been murdered by five unknown persons and when he came back with the villagers, he found his uncle dead and thereafter, he came to the police station and got the case instituted in which, in due course charge-sheet was submitted and ultimately, the case came to the trial in which against accused Tali Singh charge was framed under Section 120B of the Indian Penal Code, 1860 for entering into criminal conspiracy with other four persons for murder of Kamla Singh which four accused were charged under Sections 302 read with 34 of the Indian Penal Code.

(3.) It will appear from the evidence on the record that subsequently, the informant claimed to have seen the accused-persons committing murder of his uncle together and he also claimed that his uncle was also strangulated with the help of cloth before he was fired upon.