STATE OF BIHAR Vs. KUTAI SHARMA; BITTHA SHARMA; JUGLI SHARMA; HAKRU SHARMA; DINESH SHARMA; KAILASH SHARMA; LOGEN SHARMA; LAXMI SHARMA; FUDI SHARMA; JULAI SHARMA AND ORS

JUDGEMENT

(1.) The appellant is aggrieved with the judgment dated 19.03.1991 passed by 3rd Additional Sessions Judge, Katihar in Sessions Case No.186 of 1988 by which he has convicted two accused persons, namely, Chandrika Sharma and Kapildeo Sharma under Sections 302 IPC but acquitted the Respondents for the charges under Sections 302/149, 307/149, 148 and 379 IPC.

(2.) The case of the prosecution according to the informant Udaykant Bishwas is that he and his father deceased Rajnikant Bishwas were going to plough the land on the evening of 05.04.1987. While they were passing through the land of Rajendra Prasad Sutihar (Respondent no.13) some twenty accused persons variously armed came towards them. His father tried to defend himself by firing with his gun but he was assaulted on account of which he died and the Informant also sustained injury. Some witnesses were also injured in this transaction.

(3.) During trial the prosecution examined thirteen witnesses out of whom P.Ws.3 ,4 and 12 are the doctors who have either examined the injured persons or conducted the Post Mortem on the two dead bodies. P.Ws.9 and 10 and also P.W.7 are formal witnesses being the witness on the point of inquest and seizure list respectively. P.Ws.1,2,5,6,7,8,9 and 11 are the material witnesses. The informant himself died before beginning of the trial and hence the learned Trial Court accepted the First Information Report under Section 32 of the Evidence Act.