STATE OF BIHAR Vs. CHANDESHWARI YADAV

JUDGEMENT

(1.) The present Government Appeal is directed against judgment of acquittal dated 28th July, 1988 passed by Sri Rajendra Prasad Srivastava, Sessions Judge, Madhepura, in Sessions Case No. 54 of 1986. By the above judgment the learned trial Judge acquitted all the seven accused persons who were put on trial for various charges, some of which being under Sections 302/149 of the Indian Penal Code. It appears from the order passed by this Court on 18th March, 2010 that respondent No. 2, Satya Narain Biswas, and respondent No. 6, Pankaj Kumar died during the pendency of this appeal and as such the appeal now remains to question the acquittal of remaining five respondents.

(2.) The prosecution case, as contained in Fardbayan of P.W.5, Shatrughana Yadav, in which he alleged that he along with others had assembled at the shop of one Siwan Sonar, situated at the bank of a pond at village Barahi so as to settle the dispute which had given rise to some tense situation in the village. The informant was accompanied by Sunder Yadav (deceased), Dukhan Yadav (P.W.8), Sheo Prasad Yadav (not examined), Chhattu Kamat (not examined), Moti Yadav (not examined) for the same purpose of defusing the tension by settling the dispute. One Parwati Devi who was the grand daughter of Nunu Lal Yadav (not examined) was also standing there. The villagers of the village were also moving to and fro on the embankment of the pond which included Uttam Yadav (not examined) Jibu Yadav, Sarpanch (not examined) Babuji Yadav (not examined), Natho Bhagat (P.W.3), Lakshmi Bhagat (not examined), Mathura Nand Biswas (P.W.4) and others.

(3.) The informant alleged that the reason for assembly at the embankment of the pond was that there was some dispute in between villagers, on one side, and Satya Narain Biswas (dead), on the other, in respect of the pond being settled. It was stated by the informant that the pond originally belonged to Pachgachia Raj along with land appertaining thereto which was vested in the State of Bihar. The villagers wanted that they should fish in the pond but that was resisted by respondent, Satya Narain Biswas as he had taken the settlement in respect of the fishery right relating to the pond. The villagers were deeply aggrieved by obtaining above said settlement and had filed a case before the Collector also. The respondent Satya Narain Biswas was demanding to fish into the pond which was consistently being opposed by the villagers.