STATE OF BIHAR Vs. DANI SINGH

JUDGEMENT

(1.) THE present Appeal is directed against judgment of acquittal dated 19th July, 1991, passed by the learned Additional Sessions Judge VI, Gaya, in Sessions Trial No. 9 of 1990/32 of 1990, by which the learned trial judge acquitted the respondents of charges under Sections 147, 148 and 302/149 I.P.C. As regards the two respondents, Dani Singh and Baijnath Singh, they were also acquitted of the charge under Section 302 I.P.C.

(2.) THE prosecution case in short was that the deceased Jitendra Kumar Singh, who happened to be the son of PW -4 Raghubir Singh and full brother of PW -3 Awdhesh Sharma, was sleeping in a field where a pump set had been installed. PWs. 2 and 5 were present at their Khalihan and they saw the respondents moving towards the field in which the deceased Jitendra Kumar Singh was sleeping on a cot. PWs. 3 and 4 also started moving in the direction and when they were at a short distance from the field, they saw that Dani Singh firstly fired a shot which hit Jitendra Kumar Singh. The second shot was fired by the respondent Baijnath Singh and that hit the deceased in his temple. The deceased was rushed to Patna Medical College and Hospital, but he died there.

(3.) THERE is no dispute in the fact that Jitendra Kumar Singh died of firearm injury, which injury was present on his left temple which had fractured the parietal and other associated bones of skull. There was no other injury on the dead -body.