STATE OF BIHAR Vs. HARI SINGH

JUDGEMENT

(1.) The present Government Appeal challenges the judgment and order of acquittal dated 30th March, 1988 passed in Sessions Trial No.122 of 1987 by the learned 1st Additional Sessions Judge, Vaishali at Hajipur. While acquitting the respondent nos.1 to 9, the learned judge held that the circumstances appearing on appreciation of the evidence by him revealed that the prosecution had not approached the Court with clean hands and further that the story propounded by the prosecution did not inspire confidence.

(2.) The short prosecution case was that the accused persons who were armed with guns and weapons, like, Farsa, Bhalacame to the house of the informant Haribans Singh (P.W.7) and respondent Hari Singh who was armed with his licensed gun ordered to kill Rajendra Singh and handed over the weapon to his son Desh Premi Singh, who fired upon Rajendra Singh. Respondent Shambhu Singh also fired from his pipe gun. The informant stated that he along with Jwala Singh (P.W.5), Umesh Singh (P.W.2) and female inmates of the house fled from their houses out of fear and during that course they raised alarm which attracted the villagers. It was alleged that one Barister Singh (not examined) rushed to the rescue of Rajendra Singh and in course of his attempt he was subjected to assault with Farsa by accused Kameshwar Singh.

(3.) As regards the motive for the occurrence, it was alleged that there was a dispute between Hari Singh, Mukhlal Singh, on the one hand, and the deceased on the other who were pattidars in between them. It was further alleged that in the morning of the date of occurrence, the son of Mukhlal had assaulted the nephew of the informant Haribans Singh (P.W.7) and the deceased had chided the son of Mukhlal who had threatened him that the deceased would see that Rajendra Singh was taught a lesson.