STATE OF BIHAR Vs. BIRENDRA SINGH

JUDGEMENT

(1.) The present Govt. appeal questions the order of acquittal passed by the learned 3rd Additional Sessions Judge, Ara on 28.6.1988 in Sessions Trial No.305 of 1985 by which the five respondents were acquitted of charges under Sections 302/149 and 148 and 27 of the Arms Act.

(2.) The case related to the murder of one Shatruhan Singh when he had been detained while he was returning along with others after attending a feast. It was alleged that the respondents caught hold of the hands, feet or waist of the deceased Shatruhan Singh while respondent, Birendra Singh cut his throat. It is alleged that at that time Rampeyar Singh was armed with a gun and he was ordering the accused persons to cut the neck so that the said Shatruhan Singh was not left alive.

(3.) The fardbeyan of Bishuni Singh(P.W.7)was recorded and the investigation was initiated, after close of which, the respondents were sent up for trial. Nine witnesses were examined in course of the trial and they stated that they had seen the occurrence in the flash of the torch light and that respondents had assaulted the deceased at different parts of his body, like, head and hands, besides telling the learned trial court that the neck of the deceased was cut by respondent Birednra Singh.