STATE OF BIHAR Vs. PRABHUNATH SINGH

JUDGEMENT

(1.) This Criminal Revision has been initiated by the court exercising its suo motu power in the light of the minutes recorded by the Hon'ble Inspecting Judge of Patna Judgeship on 4.5.2009 and resolution of the Standing Committee dated 14th July, 2009 on Agenda Item no. 1 (ii).

(2.) The judgment impugned herein is dated 24.10.2008 passed by the learned Presiding Officer, Fast Track Court III, Patna in S.T. Nos. 469 and 470 both of 2007 arising out of Panapur P.S. Case no. 62 of 1995 by which the learned trial judge acquitted the respondent nos. 1 to 7 of the charges under sections 147, 148, 302, 307/149 and 302/149 IPC and section 27 Arms Act by holding that the prosecution has totally failed to bring the charges home against them.

(3.) The facts of the case has been narrated by the court below in its judgment in paragraph 4 and this court also wants to reiterate them. The story is based on the fardbeyan of the informant who now is one of the two deceased persons recorded on 25.3.1995 at 10.30 A.M. in State Hospital Camp, Panapur by SI N.N. Thakur (not examined) of Panapur police station. At the time of recording the fardbeyan, two persons, namely, Darogi Rai who is the other deceased and injured P.W. 6 Srimati Devi, were also present as per the claim of the prosecution in the Camp Hospital, Panapur. It was stated by the informant that he along with his co villagers had gone to cast their votes at Booth nos. 98 and 100.