ABHIMANYU SINGH Vs. SANJAY KUMAR

JUDGEMENT

(1.) This revision petition is directed against the order of acquittal dated 25th July, 1998 passed by 3rd Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 344/92 for the offence tinder Sections 148, 379 and 302/149 of the Indian Penal Code for committing murder of Kapinath Singh on 17.10.1990 at Rivilganj Bazar.

(2.) The facts leading to the case are on 17.10.1990 Kapinath Singh (deceased) gave a written report to the Officer-in-Charge Rivilganj P.S. alleging therein that on the same day he had gone to purchase ox at village India having Rs. 5000/- in cash. He could not purchase ox due to differences in price, as such, he was returning to his village. At about 12.30 p.m. he came to Rivilganj Bazar and entered into Vijay General Stores to purchase readymade garments. It has been stated that Shopkeeper Vijay Prasad was running the shop who demanded excess price. Therefore, he refused to purchase the items. It has been alleged, aforesaid Vijay Prasad hurled abuses and abused him to withdraw from the shop. The informant lodged protest whereupon Vijay Prasad assaulted him on his head by Gupti and consequently he fell down on the ground. Thereafter Kanhaiya Prasad assaulted with lathi on the back, Uday Prasad assaulted with bhujali below the left elbow. Tuntun Prasad with gupti above the left knee, Sanjay Prasad with farsa on the left side of the neck on the person of the informant. Accused Dhrup Prasad snatched Rs. 5000/- out of the pocket of the informant. The informant raised hulla whereupon Abhimanyu Singh. Ramji Singh. Ganga Singh, Idrsh Mian and others arrived there and they witnessed the occurrence. It has been further stated that there was some scuffle with a person of Vijoy Rai Ke Tola and on account of that incident this occurrence had taken place. After completion of the investigation charge-sheet was submitted against the petitioners, cognizance was taken and the trial, concluded with the result as indicated above.

(3.) The prosecution examined altogether six witnesses in support of its case. P.W. 1 is Ramjit Singh, P.W. 2 is Rabindra Singh, P.W. 3 is Abhimanyu Singh, P.W. 4 is Dr. Arvind Kumar Singh who had conducted the postmortem of the deceased, Kapinath, P.W. 5 is Dr. Roop Narayan Lal Das and P.W. 6 is the I.O. of this case.