RAJIV KUMAR BHAGAT @ RAJA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant against the judgment dated 5.10.2018 passed in Sessions Trial no. 50 of 2017 by the learned Sessions Judge, Saharsa whereby he was pleased to acquit the respondent nos. 2, 3 and 4 of the charges under sections 147, 148, 341, 302/149 and 120B of the Indian Penal Code and section 27 of the Arms Act.

(2.) The prosecution case based on the written report dated 1.12.2016 of the informant (P.W 7 and the appellant herein) is that his brother Krishna Kumar used to run a shop and sold potato at Sugma Chowk in Sonbarsa Raj. In the evening he used to return home by cycle. It is stated that the informant's brother used to sell potato and onion at a small margin of profit which was objected to by the respondent no. 4, who also used to threaten that if the informant's brother did not sell at the rate on which the respondent no. 4 used to sell, the margin of profit of respondent no. 4 would reduce and the loss will have to be covered by the informant's brother. It was further stated that the informant's brother had another shop in village Kejri. A number of times the respondent no. 4 along with his son respondent no. 2 used to come and threaten his brother but the informant's brother did not pay any attention. It is stated by the informant that on 30.11.2016 at about 5 pm., his brother proceeded after closing his shop. Nitesh Kumar (P.W 6) and others were coming from behind. It is stated that at the shop the respondent nos. 2, 3 and 4 along with Md. Dilbar surrounded his brother and caught hold of him and his bicycle. Nitesh Kumar reached there. At this time the respondent no. 4 ordered to kill the informant's brother on which the respondent no. 4 and his son respondent no. 2 fired hitting the informant's brother in the back. Thereafter, the respondent no. 3 fired hitting informant's brother in the back of his head as a result of which he fell down and died. It is further stated that they took away Rs. 10,000/- in cash from the shop and while going threatened them that they would also be killed in case they lodged any case.

(3.) On the written statement of Rajiv Kumar Bhagat (P.W.7) FIR being Salkhua P.S. Case no. 233 of 2016 was registered on 2.2.2016 for the offence under sections 302, 379, 147, 148, 149, 341, 504, 506 and 120B of the Indian Penal Code and Section 27 of the Arms Act. After investigation charge sheet was submitted under sections 302, 341, 506, 120B, 147, 148 and 149 of the Indian Penal Code and section 27 of the Arms Act and the Court below was pleased to take cognizance. Thereafter, the case was committed to the Court of Sessions for trial. Charge was framed for offence under sections 302/149, 147, 148, 341 and 120B of the Indian Penal Code and section 27 of the Arms Act. In course of trial 8 witnesses were examined on behalf of the prosecution, being P.W. 1 Amit Kumar, P.W 2 Vinay Kumar Singh, P.W 3 Rupak Bhagat, P.W. 4 Dilip Kumar, P.W 5 Pramod Bhagat, P.W. 6 Nitesh Kumar, P.W. 7 Rajiv Kumar Bhagat and P.W. 8 Jitendra Sahni.