STATE OF BIHAR Vs. SHEO PUJAN KUMHAR

JUDGEMENT

(1.) Heard Mrs. Shashi Bala Verma, learned counsel for the appellant-State and Ms. Surya Nilambari, Advocate, who was appointed as Amicus Curiae, to assist the Court.

(2.) The State of Bihar has challe (DB)- 40/1997nged the judgment of acquittal dated 18th June of 1997 passed by the learned 2nd Additional Sessions Judge, Kaimur at Bhabua in Sessions Trial No. 553 of 1995/250 of 1996 arising out of Bhabua P.S. Case No. 152 of 1995, whereby respondent nos. 1 to 3 have been acquitted of the charges under Section 302/34 of the Indian Penal Code.

(3.) The prosecution case got initiated on the fardbeyan of Lala Kumhar (P.W. 5) recorded by D.N. Pathak (P.W.10), Officer-in-Charge of Sonhan Police Station on 21.06.1995 at 07:45 A.M. at Sonhan P.S. itself is to the effect that on 20/21.06.1995, the informant and his father were sleeping adjacent South to the house where the cattle were used to be tied. The informant woke up on the alarm raised by his father and saw the accused Sheo Pujan Kumar armed with Bhalua, Ganpat Kumhar and Hiraman Kumhar armed with lathi, fleeing away near the cot of his father. The informant Lala Kumhar (P.W.5) ran towards his father and saw blood oozing out from his neck. Thereafter, he raised alarm on which his male and female family members came out but by that time, the father of the informant had died. Thereafter, the informant went to the house of Banshlochan Singh (P.W.4) at village Silauta and explained all the incident before him. Thereafter, the informant along with Banshlochan Singh (P.W.4) went to the Sonhan Police Station where fardbeyan was recorded.