SUBODH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The informant of Begusarai Muffasil Police Station case No. 414 of 2019 has preferred this appeal under Sec. 372 of the Code of Criminal Procedure putting to challenge a judgment and order dtd. 24/12/2021 passed in Sessions trial No. 44 of 2020 (G.R. No. 2917 of 2019) by learned Sessions Judge-IX, Begusarai. By the said judgment and order, learned trial court has acquitted respondents No. 2 and 3 of the charge of commission of the offences punishable under Ss. 302, 201, 120-B read with Sec. 34 of the Indian Penal Code.

(2.) We have heard Mr. Aaruni Singh, learned counsel for the appellant and Mr. Ajay Mishra, learned Additional Public Prosecutor for the State.

(3.) The prosecution's case as disclosed in the written report of the informant, addressed to the S.H.O. of the Police Station dtd. 11/8/2019 at 11:05 hours is that on 9/8/2019 at about 4:00 P.M., respondents No. 2 and 3 (hereinafter referred to as the 'private respondent') had come at the door of the informant and called his brother Prakash Kumar(the deceased). All of them, thereafter, left together on a Pulsar Motorcycle. As he did not return till late in the night on the said day, the informant made a call on his mobile phone which was though ringing but without any response. When he enquired from the private respondents about the deceased, they declined to furnish any information. On 11/8/2019 at about 7:00 AM, he heard from the villagers that the dead body of the deceased was lying in the field of one Hanuman Singh, nearly 500 yards away from the residence of the private respondents. The informant immediately rushed with his mother and a neighbour, Bilo Singh to the place where the dead body was lying. They noticed sign of injuries on the person of the deceased. The neck was found cut from the back side. Several other injuries were there on the person of the deceased. The co-villagers, in large number, thereafter assembled. It was also alleged that the Pulsar motorcycle and the slippers of the deceased were found lying in the cowshed of the respondent No. 3.