STATE OF BIHAR Vs. SHEO PERSAN RAM

JUDGEMENT

(1.) PROSECUTION case initiated on statement (fardbeyan) of one Ram Narayan Prasad injured of the case P.W.7, in brief, is that on 25.10.1999 at about 7.00 PM informant along with his brother Yogendra Ram P.W.3, son Dinesh Ram P.W.6, relation Kanhaiya Ram P.W.5 reached at Chamartol Mor after taking tea from the tea stall of Shyamji Choudhary. In the meantime accused persons appeared there, of them accused no.1 Sheo Parson Ram, accused no.4 Saryu Ram were armed with Pistol in their hand while accused no.3 Dharikchan Ram was in possession of fire arm in his waist. Accused no.2 Mathura Ram was armed with knife and accused no.5 Madan Ram was armed with Lathi.

(2.) ACCUSED no.2 exhorted to kill the informant and his son, complying thereon accused no.1 shot firing from his Pistol which hit informant's temporal region. He fell down. Again accused no.2 ordered to kill Dinesh upon which accused nos. 3 and 4 shot which appeared misfiring. Accused nos. 2 and 5 attacked them. People coming from market gathered and accused persons fled from there. While accused persons were leaving place of occurrence were disclosing that informant was moneyed man and was always complaining against accused persons to the Police Station due to which there was involvement of accused persons in cases of theft, kidnapping, road robbery and rape and had been sent to Jail also. Reason behind the incident is said that informant and others were opposing criminal activities of the accused respondents.

(3.) AFTER concluding the trial accused respondents are acquitted of their respective charges by passing the impugned judgment and order, validity of which has been questioned through filing this Govt. appeal on behalf of the State and Revision on behalf of informant.