STATE OF BIHAR Vs. SURENDRA KUMAR AND OTHERS

JUDGEMENT

(1.) (Oral) - The instant Government appeal as well as the criminal revision has been preferred against the judgment of acquittal dated 4.8.1990 passed by the learned 4th Additional Sessions Judge, Begusarai in Sessions Trial No. 62 o 1990 by which the accused persons/respondents, namely, Surendra Kumar, Shiv Shanker Kumar, Bhaso Kumar, Lal Bahadur Yadav, Sudhir Yadav, Upendra Yadav and Umesh Kumar were acquitted from the charges under sections 302, 149, 307, 148 of the Indian Penal Code and section 27 of the Arms Act.

(2.) The informant Dev Sunder Kumar (PW 5) on 16.6.1982 at 6.50 PM went to the medicine shop of Nizamul Hussain at Bachwara Bazar (Narepur) where he saw his son Surendra Kumar (deceased) standing at the tailoring shop of Idrish Miyan. In the mean time all the accused persons and one Ram Niranjan Chaudhary having country made pistol by forming unlawful assembly came in front of the tailoring shop of Idrish Miayan. Shiv Shankar Kumar was in possession of double barrel gun and a dagger in his hand. Other accused persons were possessing country made pistols with themselves. Surendra Kumar ordered for killing the son of the informant, upon which all the accused attacked upon the informant's son. Firing of Bhaso Kumar caused injury on the chest of the informant's son as a result of which he fell down, thereafter, accused Sudhir Yadav, Umesh Kumar, Lal Bahadur Yadav and Shiv Shankar Kumar fired on the deceased with their respective pistols and gun which led to death of the informant's son. Upendra Yadav and Ram Niranjan Chaudhary entered in nearby fertilizer shop and dragged out the proprietor Gangaram Rai (PW 4) from the shop to the road and both the accused shot at him causing injury upon his mouth, stomach and arm. Gangaram Rai also fell down on the ground and the occurrence was witnessed by Brahamdev Kumar (PW 3), Kari Kumar (PW 2), Praduman Kumar (PW 1) and Sukhilal Kumar (not examined). The fard-beyan resulted into registration of Bachhwara P.S. Case No. 63 of 1982 dated 16.6.1982 under sections 148, 149, 302, 307 of the Indian Penal Code and section 27 of the Arms Act. The Police submitted chargesheet showing the accused Niranjan Chaudhary absconder.

(3.) After taking cognizance the case was committed to the Court of Sessions where charges were explained to the accused who pleaded their innocence and trial proceeded.