BILAS PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellants and learned counsel for the informant and learned Additional Public Prosecutor for the State.

(2.) SINCE all these appeals arising out of same judgment are heard together and being disposed of by this common judgment.

(3.) THE prosecution case in brief as reveal from Fardbeyan (Exhibit I) of Shiv Jamadar (P.W. 9) recorded on 17.06.1983 at 10.45 hours in Purani Hospital Hilsa by Sri S.D. Singh (P.W.10), S.I. of Hilsa Police Station is that in the previous night while he was sleeping out of his house after closing the doors at about 11.00 p.m. smelling arrival of some persons alighted and found that altogether 15 persons including the appellants armed with Lathi, Bhala and Gun, anyhow by raising alarm he ran away, but on alarm Siya Saran Prasad (P.W.4) by flashing torch proceeded further then at the instance of appellants Ballam Prasad, Jageshwar Das shot at him inflicting injury on left shoulder, he immediately fell down, and on seeing the villagers arrival the miscreants fled away towards west north and when the informant returned to his house found one she buffalo with kid and one box containing four thousand rupees cash and other articles missing and also learnt from his brother Rajendra Chauhan (P.W. 1) that the miscreants by entering into his house in his search but since he could not be available to them some articles from his house also were taken by them. The whole occurrence was seen by co villagers including Janki Das (P.W. 8) and Jay Mangal Das (P.W. 7), the reason behind the occurrence as stated is prolonged enmity and continued litigations as per details mentioned in the Fardbeyan. The police instituted the case and after completing the investigation submitted charge sheet. Initially before the trial court charge was framed on 20th