ANIL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Challenge in this appeal, at the behest of the informant Anil Kumar, is to the judgment dated 29.08.2012 delivered by Additional Sessions Judge, IV, Danapur in Sessions Trial No.352 of 1998, acquitting respondent nos.2 to 4.

(2.) On 06.08.1996 at about 5.15 P.M appellant Anil Kumar gave his fardbeyan at Referral Hospital, Paliganj, where he was admitted in an injured condition, alleging, inter alia, that on the same day at about 04:00 P.M. respondent Rajeshwar Singh was hurling abuses at his Darwaja. He heard it and came out of his house. At that point of time respondent Madan Singh gave lathi blow upon his father but was caught by Santosh Kumar. Baijnath Singh, who was passing by, tried to pacify, upon which he was also assaulted by bricks. On hue and cry respondent Luv Kumar armed with pistol and Madan Singh came out from their house and shot at him causing injury over right side of his chest. Thereafter, Luv Kumar chased Santosh Kumar with pistol, who saved his life by entering into his house. Finally his father along with co-villagers took him to Paliganj Hospital. The motive for occurrence attributed by the informant was the demand of money which the accused Luv Kumar had borrowed from him.

(3.) On the basis of the aforesaid fardbeyan, Paliganj P.S. Case No. 97 of 1996 was registered under Section 341, 323, 324, 307, 34 of the IPC and 27 of the Arms Act, whereupon investigation commenced and, after completion of the same, charge sheet was submitted. After cognizance and furnishing of police papers, case was committed to the court of Session and, vide order dated 20.03.1998, it was transferred to the court of Additional Sessions Judge, Danapur, where the trial commenced and, after passing through different stages in routine manner, ultimately, vide judgment dated 29.08.2012, the accused persons were acquitted, solely on the ground that none of the prosecution witness were examined in the case to support the case of the prosecution.