CHALO YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sultanganj P.S. Case No. 15 of 2008 which is the basic prosecution case out of which four Sessions Trials, i.e., 838 of 2008, 935 of 2005, 928 of 2009 and 163 of 2010 were registered on account of as many number of commitment orders passed by the Committing Magistrate. We do not have any exact reason as to why was the multiplicity in registering the Sessions Trials out of a single police station case, but we may point out that committal proceedings were undertaken by different Magistrates on different dates in respect of Respondents of the three appeals and that could have forced the registration of the cases for trial. We want to note down that the charges under Section 302/ 34 IPC and Section 27 of the Arms Act against all the accused persons were framed by the learned 3rd Additional Sessions Judge, Bhagalpur so as to trying the Respondents. The judgments appeared delivered on 4.10.2010 and the Respondents were acquitted of all the charges framed against them. Except Sessions Trial Nos. 838 of 2008 and 935 of 2008 which appear clubbed together for the purposes of trial on which there were three accused who are Respondents in Cr. Appeal No. 69 of 2011, the remaining two trials were in respect of one Respondent each, namely, Uday Kumar Yadav and Horil Yadav.

(2.) Put very briefly, the prosecution case was that while the deceased Bindi Yadav was sitting alongwith 10-12 others including the witnesses and the informant at the verandah of a temple for discussing the further construction of the roof top of the temple, the Respondents of the three appeals alongwith 10-12 others unknown, arrived there and started indiscriminately firing at persons sitting there. It is definitely alleged against Respondent Horil Yadav of Cr. Appeal No. 66 of 2011 that he fired two shots in the abdomen of the deceased Bindi Yadav, who ran for life and tumbled over of a heap of stone-chips stored there for carrying out the construction of the temple top. Other accused persons are said to have pumped their shots into the body of the deceased so as to finally killing him.

(3.) While making the general allegations the informant stated that the Respondents were firing shots into the head, forehead, eyes and mouth of his brother Bindi Yadav due to which he succumbed then and there. While naming the Respondents, the informant was also very specific in alleging that the unknown persons were also firing shots and they were further firing shots at the villagers who ran away from the place of occurrence. But none of them sustained injuries.