STATE OF BIHAR Vs. UMESHANAND

JUDGEMENT

(1.) THE present Government Appeal has been preferred by the State of Bihar to challenge the correctness and propriety of judgment dated 19.09.1991 passed by the learned Additional Sessions Judge I, Khagaria in Sessions Case No. 217 of 1989 by which the three respondents were acquitted of the charges they had been indicted with. The connected Criminal Revision Petition was filed by P.W. 6 the informant of the case who happened to be the elder brother of deceased Krishna Deo Yadav @ Krishna Kumar Kusum with the same prayer of setting aside the judgment of acquittal aforesaid with a further prayer of directing the retrial of the accused persons. The Government Appeal and the Criminal Revision Petition having arisen out of the same judgment, we have heard them together and are disposing them of by the present common judgment.

(2.) AS per the prosecution case, contained in Ext. 2 fardbeyan of P.W. 6, the deceased and the informant were sitting on a cot in the courtyard of their house and discussing the prospect of the deceased getting employed in some future point of time. It was stated that the three respondents along with four unknown others came there and surrounded the cot. Respondents No. 1 and 2, i.e., Umeshanand @ Umesh Yadav and Sanjay Yadav were armed with country made pistols whereas their father respondent no. 3 Ayodhya Yadav was carrying a Bhala with him. Out of the four unknown criminals accompanying the respondents two were having bigger guns while the other two were armed with short barrel weapons.

(3.) IN the background of above dispute and inimical relationship, it was alleged that respondent no. 1 abusively challenged the informant by telling him that he should have to reap the consequences of getting the land transferred in his and others favour. The deceased who was also sitting with the informant on the same cot rose and in an attempt to pacify the frayed temper of the accused persons, offered them to sit down and talk to settle out the dispute. But, what appears is that that offer further infuriated the respondent Umeshanand who fired a shot into the chest of the deceased who slumped into the cot holding his loongi over the injury and died subsequently.