KRISHNA SINGH Vs. STATE OF BIHAR ORS.

JUDGEMENT

(1.) This application under Sec. 378(4) of the Code of Criminal Procedure (For short "the Code") is directed against the judgment and order dated 2.3.2015 passed by the learned Adhoc Additional District & Sessions Judge-III, Siwan in Sessions Trial No. 95/2012/Complaint Case No. 935 of 1998 whereby the opposite party nos. 2 to 7 have been acquitted of the charge under Sec. 302 read with 34 of the Indian Penal Code.

(2.) The criminal law was set into motion on the basis of a complaint filed by P.W. 1 Krishna Singh on 06.08.1998 in respect of an occurrence which is said to have taken place on 21.07.1998. It has been stated in the complaint that on 21.07.1998 at about 8:00 p.m. son of the complainant, namely, Anil Kumar Singh had gone to purchase flashlight cells and after purchasing the cells, when he reached near "chah" (a particular place of the village), the accused persons, namely, Bachcha Singh, Pushpendra Singh, Jatin Bind, Kavleshwar Bind, Suresh Bind, Birendra Bind, Mangal Bind, Ramchandra Bind, Rajaram Choudhary, Dara Chaudhary and Madan Bind being armed with lathi and danda indiscriminately assaulted him as a result of which he died. When the complainant tried to intervene, the accused persons chased him with pistol. The motive behind the occurrence is stated to be an altercation which had taken place between the accused Pushpendra Singh and the deceased three days prior to the alleged occurrence. It is stated that the matter was reported to the police and the doctor had conducted postmortem examination on the dead body of the deceased. However, when the complainant came to know that the police had taken no action on the information given to them, the complainant filed a complaint case on 06.08.1998 after performing the last rites.

(3.) Initially, the Magistrate had dismissed the complaint in exercise of power conferred under Sec. 203 of the Coded after conducting inquiry under Sec. 202 of the Code but the complainant went in revision and the revisional court set aside the order passed by the Magistrate under Sec. 203 of the Code and, thereafter, summons were issued against the accused persons by the learned Magistrate under Sec. 204 of the Code. Subsequently, the case was committed to the court of sessions for trial. The trial court framed charges under Sec. 302 read with 34 of the Indian Penal Code against the accused persons to which they pleaded not guilty and claimed to be tried. Accordingly, the trial commenced.