RAMADHAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) By these appeals, appellant who happens to be First Informant is challenging the judgments and orders dtd. 30/11/2021 passed by learned 3rd Additional Sessions Judge, Bhojpur (Arrah), Bihar, in connection with Sessions Trial No.267 of 2008 and Sessions Trial No.3 of 2007, thereby acquitting private respondents in both these appeals of the offences punishable under Sec. 302 read with Sec. 149, under Sec. 201 read with Sec. 34 of the Indian Penal Code as well as Sec. 27 of the Arms Act.

(2.) According to the prosecution case, there was marriage of Ramasarekha Singh @ Lali Singh wherein deceased Babloo, who happens to be nephew of the First Informant, was present. It is further averred by the prosecution that at about 8:30 PM of that day, acquitted accused Umesh Singh snatched country-made fire-arm from acquitted accused Ajay Singh and suddenly fired at Babloo causing death of Babloo.

(3.) The learned counsel appearing for the appellant argued that PW 1 Dhananjay Singh is an eyewitness to the incident and the learned trial Court has committed error in rejecting the trustworthy version of PW 1 Dhananjay Singh who has deposed about the incident of commission of murder of Babloo by the acquitted accused.