STATE OF BIHAR Vs. SATYA NARAIN SINGH

JUDGEMENT

(1.) Through Govt. Appeal (D.B.) No. 39 of 1990 and Cr. Revision No. 406 of 1990 judgment dated 9th April 1990 passed in Sessions Trial No. 160 of 1989 by learned 6th Additional Sessions Judge, Patna acquitting opposite parties, namely, Laxmi Rai, Ram Janam Rai. Balkishun Rai and Ambika Rai, has been challenged.

(2.) Both have been ordered to be heard together because facts and laws involved in both the petitions are identical.

(3.) According to allegation, on 27.7.1988 at .9.30 a.m. Satnarain Singh was preparing a passage through land of Nirala Sahkari Grih Nirman Samittee situated at Digha Railway crossing and informant's munshi Dinesh Singh (PW 4), Ramesh Kumar Singh (PW 3), Yogesh Singh (PW 1) and Shambhu Singh (PW 2) were there. Deep Narain Singh-younger brother of the deceased came on a motor-cycle. Seven persons including Laxmi Rai, Ram Janam Rai, Bal Kishun Rai, Ambika Rai came to the place of occurrence. Three persons were unknown. At the behest of Laxmi Rai firing was resorted by Ram Janam Rai at Deep Narain Singh (deceased) which caused injury in his cheek. Three unknown persons also resorted to firing at informant but it missed. Accused Ambika Singh was threatening local people that the persons coming there would be fired. The police party was seen reaching towards the side but the culprits decamped through a jeep. Accused were chased. The informant took his injured brother to Kurji hospital but he died.