STATE OF BIHAR Vs. BALMIKI PANDEY

JUDGEMENT

(1.) PROSECUTION case initiated on written application of Munshi Singh Madhukar P.W.4, in brief, is that on 31.8.1987 at 2.00 PM S.D.O. Bhabua Sri Vishnu Kumar P.W.3 was in his Chamber, informant came there as was called by him to discuss some administrative work, in the meantime, Deputy Supply Officer, Bhabua S.S.A.Nomani also came in his Chamber.

(2.) IT is said that a home guard constable came in Chamber and asked permission to meet made by the accused respondent who was in custody. Permission was accorded, accused respondent was allowed to come in Chamber. He talked in harsh words and when was asked to maintain peace, this accused respondent took a roller from table of S.D.O. and blew the same on his head but in attempt to save himself that could hit his right hand only. On his alarm persons remaining there gathered, Police officials also came. Accused wanted to flee from there but was caught rather arrested and in that course he sustained some injury on his head. It is said that he was arrested under section 113 of Code of Criminal Procedure in connection with a proceeding under section 107 of Code of Criminal Procedure.

(3.) THE verdict of conviction and sentence challenged by filing Cr. Appeal No. 149/95/50/95. The same is decided by Dr. Ratan Kishore Tewary, 1st Additional Sessions Judge, Kaimur at Bhabua on 7.7.2005. He has acquitted the accused respondent of all the charges leveled against him for which he was convicted and sentenced.