STATE OF BIHAR Vs. GYANDEO SINGH @ SUBODH SINGH

JUDGEMENT

(1.) Heard Mrs. Shashi Bala Verma, learned counsel for the appellant and Ms. Surya Nilambari, who was requested to assist the Court as amicus curiae since the counsel for the respondent on record Mr. Amit Kumar Singh and Kumud Kumar Roy, though have entered appearance but they failed to appear on several dates.

(2.) The present appeal has been preferred by the State of Bihar against the judgment dated 24.8.1995 passed in S.T. No. 675 of 1994 arising out of G.R. Case No. 204 of 1993 by the learned 2nd Additional Sessions Judge, Bhagalpur whereby the sole respondent has been acquitted of the charge under Section302 of the IPC and Section 27 of the Arms Act

(3.) The prosecution case is that on 16.10.1993 at about 6 A.M., the daughter of Govind Sah was attending the nature's call by the side of a wall of her house which was protested by the sole respondent Gyandeo Singh alias Subodh Singh and started abusing her. The informant's brother Lakhan Mandal, Kamleshwari Mandal, Bhotal Mandal, Ramsharan Mandal and Keshav Mandal tried to pacify the issue, whereupon respondent Subodh fired, aiming at Lakhan Mandal who sustained injury on the chest and fell down near the temple. Thereafter, the respondent Subodh escaped from the scene. Lakhan Mandal while being taken to the police station on a cot, died on the way. On the basis of the same, Nathnagar P.S. case No. 99 of 1993 was registered under Section 302 of the IPC and Section 27 of the Arms Act.