SATYENDRA SINGH Vs. STATE OF BIHAR AND ANR.

JUDGEMENT

(1.) Heard learned counsel for the appellant and the State.

(2.) Informant of Manjhi P.S. Case No. 60 of 2010 has filed this appeal assailing the impugned judgment of acquittal dated 16.10.2014 passed by 1st Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 850 of 2010 where under private Respondent no.2 has been acquitted of the charge under Sections 302/34 of the Indian Penal Code and Sec. 27 of the Arms Act.

(3.) The prosecution case as set out in the fardbeyan recorded on 10.05.2010 at about 3:05 P.M. is that he is residing in Kolkata and on 09.05.2010 at about 11:10 P.M. his cousin Krishna Singh informed from his village on his mobile that his mother and father have been shot at by fire-arm and taken to hospital for treatment. In the light of the said information, informant along with his younger brother, Birendra Singh who also resides in Kolkata and is engaged in fishing business proceeded for Manjhi. While in way, they learnt that their mother, Prabhawati Devi died and father Janardan Singh has been shifted to Patna for better treatment. Informant and his brother reached Patna on the following day at 11:00 A.M. and learnt that their father also died in course of treatment. In the fardbeyan further statement is that Vijay Singh, Respondent no.2 and Kamlesh Sharma shot the two deceased. In the fard-beyan, informant also asserted that his father had earlier filed informatory petition against the two in the court of S.D.M., Chapra in which prayer was made for grant of security as he perceived threat from Vijay Singh and Kamlesh Sharma. In the fardbeyan, informant also asserted that prior to the present occurrence theft was twice committed in his house but his father lodged First Information Report in connection with only one of the occurrence asserting that both these accused had their hands in the theft committed in his house. In the fard-beyan, informant also stated that his father was opposing illegal activities of the two in the village and they became annoyed with him and due to annoyance Kamlesh Sharma shot his mother and Vijay Singh shot his father.