SHYAM BIHARI SINGH SON OF RAM EKBAL SINGH Vs. STATE OF BIHAR AND RAM DHARI SINGH SON OF LATE INDRADEO SINGH

JUDGEMENT

(1.) The informant - petitioner has preferred this revision application against the judgment and order dated 1.5.2002 passed by the learned Additional Sessions Judge, FTC III, Buxar in Sessions Trial No. 36 of 1995 arising out of G. R. No. 598 of 1993, Buxar (Mufassil) P.S. Case No. 73 of 1993 under Sections 324, 307 I.P.C. and 27 of the Arms Act by which the accused has been acquitted.

(2.) The prosecution case, in brief, is that in the night of 26/27.5.1993 at about 10 P.M. he was sleeping on the roof of his house with the members of his family after taking meal. In the Midnight he woke up after hearing some murmuring and on asking as to was there a firing was done which did not hit anyone. The informant saw in the flash of the torch light that it was co-villager Ramdhari Singh who was again aiming at him. Thereafter, he lied down on the one side of the floor before second firing which hit on his ant Kaushalya Devi, cousin sister Neelam Kumari, sister Nirmala Kumari, the nephew Sonu Singh and one Khark Bahadur Singh got fire shot injuries. On raising alarm co-villagers assembled. Chaukidar also came there. All the injured were taken to the hospital for treatment.

(3.) On the fard beyan of the petitioner- informant Buxar (Mufassil) P.S. Case No. 73 of 1993 was instituted against the accused Ramdhari Singh. After investigation charge-sheet was submitted, cognizance was taken and the case was committed to the court of session. On 1.2.2000 charges were framed against the accused for the offence punishable under Sections 324, 307 I.P.C. and 27 of the Arms Act and an order was passed to issue summons to the prosecution witnesses. After trial the accused was acquitted.