UDESHWAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) By a judgment dtd. 26/10/2019, passed by the learned Additional District and Sessions Judge-VIII, Bhagalpur in Sessions Trial No. 732/2015 and 240 of 2016, the respondents No. 2 to 6 have been acquitted of the charge punishable under Sec. 302/34 of the Indian Penal Code, which is sought to be challenged by the appellant in the present appeal filed under Sec. 372 of the Cr.P.C. The aforesaid sessions trial had arisen out of Sabour P.S. Case No. 160 of 2015. The appellant happened to be the informant of the said criminal case.

(2.) The place of occurrence, as described in the first information report, is the house of the in-laws of his son (the deceased) at village Mansarpur where the informant was also present. He alleged in his written report, which is the basis for registration of FIR that the father-in-law, the brother-in-law and the wife of the deceased had forcibly taken the deceased to their house at village Mansarpur. The informant's son was thereafter tied with a pole by means of a rope and thereafter in his (informant's) presence, respondent No. 3 Gaurav Yadav (brother-in-law of the deceased) with an iron rod, respondent No. 2 Amarnath Yadav (father-in-law of the deceased), respondent No. 6 Sonika Devi (wife of the deceased), respondent No. 4 Nirmala Devi (mother-in-law of the deceased), respondent No. 5 Suman Devi (wife of brother-in-law of the deceased) all with lathi, rod, gandasa and pistol etc. mercilessly assaulted him, who finally succumbed to the injuries. When the appellant tried to save his son from assault, he was pushed away by the accused persons. The date and the time of occurrence, as disclosed in the FIR, was 9/8/2015 at 12 noon, on which date itself the FIR was registered. Upon completion of investigation the police submitted charge-sheet against respondents Amarnath Yadav, Sonika Devi and Nirmala Devi while keeping the investigation pending against others. Subsequently, the police submitted chargesheet against three other persons, namely, respondents Gaurav Yadav, Suman Devi and one Ram Bilas Yadav. After framing of the charge, the private respondents were put to trial as they denied the charges.

(3.) At the trial, altogether six witnesses were examined including the informant (P.W. 3), brother of the deceased (PW-1), sister of the deceased (PW-2), one Nawal Kishore Yadav (PW-4), the Investigating Officer (PW-5) and the doctor (PW-6). Two witnesses i.e. PW-7 and PW-8 came to be declared as hostile.