UDAY KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant, learned APP for the State as well as learned counsel for the respondent nos. 2 and 3.

(2.) The appellant is aggrieved by the impugned judgment of acquittal dated 07.03.2019 passed by the Additional District and Sessions Judge-IV, Patna City, in Sessions Trial No. 672 of 2003, arising out of Fatuha (Gaurichak) P.S. Case No. 115 of 2002, whereby and whereunder, he acquitted the respondent nos. 2 and 3 from the charges framed against them for the offence punishable under Sections 341, 337, 338, 307 and 427/34 of the Indian Penal Code.

(3.) The prosecution case moves in the manner that informant namely, Uday Kumar Singh, filed a written report to the S.H.O., Gaurichak Police Station on 23.08.2002, alleging therein that on 22.08.2002 at about 3:00 P.M. when he was looking after his garden, the accused persons and one Subhash Kumar came there and asked him not to sow plant. When the informant resisted, the accused persons became agitated and one Raj Kumar Singh and Deepak Kumar ran to kill the informant holding farsa in their hands. Upon which the informant ran to his house, but the accused persons followed him and broke open the door of the house of the informant and started brick-batting. It is also alleged that brick of accused - Rajiv Ranjan hit on his forehead and brick of accused - Brij Kishore Singh hit on his left eye, as a result of which he fell down. When his elder brother namely, Ajit Kumar, Banshi Bihari Singh and others came there, the accused persons fled away and they cut down four trees of his garden and they also restrained the informant from going to the Police Station by threatening that if he goes to Police Station, he would be killed.