THE STATE OF BIHAR Vs. BISHUNDHARI SINGH

JUDGEMENT

(1.) Heard Mr. Ajay Mishra, learned APP appearing for the appellant and Mr. Ramakant Sharma, learned Senior counsel assisted by Mr. Pratik Mishra, learned counsel on 16.09.2019, when the case was called out, none represented on behalf of respondent nos. 1 to 4 and hence, Mr. Pratik Mishra was appointed as Amicus Curiae to assist the Court on behalf of respondent nos. 1 to 4. However, subsequently, Mr. Ramakant Sharma, learned Senior counsel appeared on behalf of respondent nos. 1 to 4, but this Court declined to disengage Mr. Pratik Mishra, since after obtaining the paper book from the Court, he has prepared himself for making submission on the merits of the case.

(2.) The State of Bihar has preferred the present appeal against the judgment of acquittal dated 18.12.1997 passed by learned Additional Sessions Judge-I, Rohtas, Sasaram in Sessions Trial No. 518/135 of 1995/95, arising out of Dinara PS. Case No. 31 of 1995, whereby the respondent nos. 1 to 4 have been acquitted of the charges under Sections 302/34 of the Indian Penal Code.

(3.) The prosecution case got initiated with recording of fardbeyan of Rajesh Kumar (P.W.5) by Sub-Inspector of Police Ramanuj Rai (not examined) on 16.04.1995 at 7.40 P.M. at Bhagirath High School. According to the informant on 16.04.1995, the informant and his father, who was posted as Overseer in P.H.E.D. at Ara travelled together and got down at Kochas and from Kochas they proceeded in another bus to their village along with uncles Uma Shankar Singh (PW. 4) and Rama Shankar Singh (P.W.1) and alighted near Bhagirath HighCourt, from there they proceeded to their house but, on the way, co-villager Bishundhari Yadav, Kishundhari Yadav, Munnilal Yadav armed with rifle, Babulal Yadav armed with gun, Parasnath Yadav armed with Dab came and Kishundhari Yadav fired from the rifle which hit on the right elbow of the father of the informant. Thereafter, the father of the informant tried to run away, but he was chased by the accused persons. The accused persons chased the father of the informant for about 150 yards and thereafter, Parasnath Yadav caught hold of the father of the informant whereupon, Munnilal Yadav and Bishundhari Yadav dragged the father of the informant and Kishundhari Yadav fired from his rifle causing injury on the chest. Thereafter, on the exhortation of Babulal Yadav to the effect that the father of the informant is still alive then Bishundhari Yadav caused injury with rifle on his head and thereafter, Babulal Yadav fired. Ultimately, Bishundhari Yadav, Kishundhari Yadav, Munilal Yadav and Babulal Yadav caught the hands and legs of Ramgopal Singh, the father of the informant whereupon Parasnath Yadav cut the face of Ramgopal Singh with repeated blow by chopper. Thereafter, the accused persons disappeared from the scene. On the disappearance of the accused persons from the place of occurrence, the informant Rajesh Kumar alongwith Umashankar Singh and Rama Shankar Singh came near Ramgopal Singh, but found him dead, leading to registration of Dinara P.S. Case No. 31 of 1995.