STATE OF BIHAR Vs. ANIL SINGH

JUDGEMENT

(1.) STATE has filed this appeal against the judgment dated 23.11.2009 passed by XIth Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 454 of 1994, acquitting respondent nos. 1,2, and 3 of charges under Section 302/34, 307 of the Indian Penal Code and 27 of the Arms Act. The appeal has been preferred on the ground that the trial Court without considering the case of prosecution as well as the evidences collected during trial has acquitted the accused persons of charges framed against them.

(2.) SESSIONS Trial No. 454 of 1994 arises out of Chapra Muffasil (Khaira) P.S. case No. 20 of 1993 instituted on the basis of the fardbeyan of the informant Vijay Kumar Singh ( P.W.5) recorded on 26.12.1993 at about 7.30 A.M. at Sadar Hospital, Chapra. The fardbeyan of the informant discloses that in between the informant and Mathura Singh (Respondent no.2), there was a land dispute but it was settled through a Panchyati. The land was allotted in the share of the informant and his uncle had grown wheat crops in it. Subsequently Anil Singh ( Respondent No.1), Mathura Singh ( Respondent No.2) and Bigan Singh ( Respondent No.3) amalgamated their land with the land of the informant by removing the ridge. This caused heated discussion in between the parties but the same was pacified and settled with the intervention of the co-villagers. On 26.12.1993 at 7.30 A.M. Satya Narayan Singh (deceased) while going to attend call of nature, was surrounded by accused persons, namely, Anil Singh, Mathura Singh and Bigan Singh near the school. The accused persons were armed with gun. Hearing alarm raised by his uncle informant went at the place of occurrence. He saw Anil Singh firing from his gun causing injury to his uncle Satya Narayan Singh. Satya Narayan Singh fell down on the ground sustaining injuries. Mathura Singh and Bigan Singh also opened fire which caused injury to the informant Vijay Kumar Singh, Ajay Kumar Singh, Arbind Kr. Singh and Shankar Singh. All injured were brought to Sadar Hospital for the treatment. Uncle of the informant Satya Narayan Singh was declared dead by the doctor. Other injured were getting treatment at Hospital. The formal First Information Report was instituted for offences punishable under Section 302/34, 307 of the Indian Penal Code and 27 of the Arms Act against three named accused persons. In respect of the same occurrence, a complaint case was instituted by respondent no.2 Mathura Singh before Chief Judicial Magistrate, Saran at Chapra on 22.1.1994 for offences under Section 307/364/511 of the Indian Penal Code and 27 of the Arms Act. The complaint case was instituted by Mathura Singh, since the Officer In-charge of the Police Station refused to institute a case on his information, on account of restrain order being passed by the Deputy Superintendent of Police. In the complaint case it was stated that Vijay Kumar Singh and Satya Narayan Singh are co-sharers and members of the same family. On 25.12.1993 accused persons had exploded three bombs near the house of the complainant, in order to frighten the family members of the complainant. The village Dafadar Banarasi Prasad came at the house of the complainant, hearing the sound of explosion, the complainant narrated the incident before him and and sent Sudhir Kumar Singh along with the Dafadar to Police Station to inform the police but no case was instituted by the Sub-Inspector of Police. On the next day, the accused persons attakhed over the house of accused Mathura Singh with deadly weapon. They brick batted and also opened fire upon Anil Singh, Bigan Singh, causing serious apprehension to the complainant Mathura Singh that the accused persons will kill his son and nephew. Mathura Singh took out his licency gun and opened fire in the air. The daughter of the complainant Pushpa Kumari, raised alarm, on which Satya Narayan Singh ordered to lift Pushpa Kumari. Complainant realizing danger to the life of his minor unmarried daughter, opened fire with his licency gun towards the accused persons. Accused persons started fleeing away but one of them received gun shot injury and subsequently died.