STATE OF BIHAR Vs. MARCHHU MIAN

JUDGEMENT

(1.) NO one appears on behalf of the Respondents on repeated calls. We have requested Smt. Smriti Singh, Advocate to assist us in this matter who is ready to argue the case.

(2.) THIS Appeal has been filed against the order and judgment dated 22.12.1990 passed by 2nd Additional Sessions Judge, Aurangabad in Sessions Trial No.7/45 of 1990 by which the Respondents had been acquitted of the charges under Sections 302/149, 307 and 323 IPC.

(3.) THE case of the Prosecution according to the Informant Salamat Hussain (P.W.5) is that in the night of 27 and 28th June, 1989 while he was sleeping outside his house along with his deceased brother Sakuar Ahmad, some one assaulted him with lathi at which he woke up and saw 8 -10 persons standing there. His brother Sakur Ahmad tried to flee away but the Respondent no.1 Marchhu Mian @ Eliyas Mian shot at him on account of which he fell down and died. The Informant who also tried to flee was fired at, however, he did not sustain any injury. Among the miscreants, he identified the rest of the Respondents. The next morning the present First Information Report was instituted on the statement of P.W.5 Salamat Hussain.