STATE OF BIHAR Vs. SUNIL KUMAR @ SUNIL SINGH

JUDGEMENT

(1.) PROSECUTION case initiated on fardbeyan of one Sunil Kumar Singh, P.W.8, in brief, is that on 25.12.1999 at about 4.45 PM informant along with his brothers Sudhir Kumar, Vijay Kumar and his uncle Rajendra Kumar Singh was sitting on the counter of his shop. All the accused persons variously armed with Lathi, Grassa, gun and Pistol came to his (informant's) medicine shop and abused. Accused Akhilesh exhorted as why his brother Promod had assaulted his son and nephew during playing cricket. Further he ordered to kill, responding thereon accused Shiv Kumar Singh since dead inflicted grassa on the head of informant's uncle Rajendra Singh. He repeated second blow aiming the informant with intention to kill but same hit his brother's head. Other accused persons assaulted by means of Lathi and sticks. On hue and cry of injured to save, informant's son Dhananjay and Kundan rushed towards place of occurrence but were surrounded and assaulted by accused Pawan Kumar and Marut. Informant's brother Sudhir Kumar Singh was thrashed on earth by accused Parsuram Singh and Akhilesh Singh and assaulted by means of Lathi, stick and rod also. With intention to kill they started throttling him. Accused Anil Singh fired three shots from his gun, accused Sunil pointed his Pistol on informant and instigated to kill. Accused Anil Singh assaulted the informant with fist. He snatched wrist watch from the hand of informant whereas accused Sunil and Ahilesh took away Rs. 2550.00 from cash counter of the shop. Further they broke medicine bottles after entering the shop.

(2.) THE trial commenced and ended in acquittal to all the respondents by the impugned judgment dated 27.5.2006, validity of which has been questioned through filing this appeal by the State Govt.

(3.) IN the case all the witnesses except P.Ws 7, 9, 10 and 11 are injured and come from the same family. They all have corroborated the prosecution case either fully or in part. P.Ws 2 and 3 only have corroborated part of the occurrence as they came to the place of occurrence only to hear hue and cry of rest of the injured and were assaulted in the way, certainly outside the shop. P.Ws 1, 5, 6 and 8 are stating about their sitting in the shop when all the accused persons variously armed with garasa, gun and Pistol came, exhortation of accused Akhilesh and further his order to kill and causing of assault. They are constant on the point that accused Shiv Kumar blew his grassa on head of Rajendra Singh P.W.6, another blow by him hit injured Vijay and thereafter allegation of assault by different accused persons to different injured persons.