JAG NATH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Petitioners seek quashing of the entire proceeding including the order dated 25.08.2007 passed by the Additional District Judge, F.T.C.-I, Buxar in S.Tr. No. 193A of 1996 by which he has refused to discharge them on the ground of acquittal of the co-accused persons.

(2.) THE case of the prosecution according to the Opposite Party No. 2 is that a number of accused persons including the present petitioners surrounded his cousin and on the firing of Gopal Rai his uncle lost his life and one Rajnandan Rai was injured.

(3.) EVEN while the other co-accused persons were convicted by the Trial Court when the matter came in appeal a Division of this Court vide Cr. Appeals No. 478, 495, 525 of 1999 recorded a judgment of acquittal of all the accused by judgment dated 29.08.2003. The Division Bench disbelieved the prosecution story and held that the occurrence had not taken place in the manner alleged and the evidence of eye- witness suffered from serious infirmities and contradictions which went to show that they were not real eye witnesses and since the occurrence had not taken place in the manner alleged no independent witness had supported prosecution story. However, the informant moved the Apex Court against the said judgment which reversed the acquittal of the two assailants i.e. Gopal Rai and Kameshwar Rai but maintained the acquittal of the rest of the persons who are similarly placed to the Petitioners.