STATE OF BIHAR Vs. KANHAIYA MISHRA

JUDGEMENT

(1.) PRESENT Government Appeal is directed against judgment dated 08.04.1993 passed by 1st Additional Sessions Judge, Saharsa in Sessions Case No. 46 of 1992, whereunder sole respondent has been acquitted of the charge under Section 302 of the Penal Code.

(2.) PROSECUTION case, as set out in the written report of the informant addressed to Officer -in -Charge, Saharsa Police Station (P.W. 7) is that on 03.12.1991 around 5:00 P.M. respondent accused came to his house, forcibly took his she -goat. Around 6:00 P.M. deceased Shailesh Chandra Khan went to the house of the respondent asking him to return the she -goat which led to altercation between the two as according to the respondent she -goat had spoilt his vegetable crop, he asked the deceased to pay Rs. 51/ - by way of damages, whereafter the she -goat shall be returned. Informant further stated in the written report that altercation between the two became ugly, meanwhile Shashank Shekher Thakur, Amarnath Khan, Ram Khan also came to the house of respondent, saw him assaulting his son with a dagger. Informant also came to the place of occurrence whereafter witnesses told him that his son has been assaulted by the respondent who having assaulted him fled away. Son of the informant was initially taken to Bariyahi Hospital where doctor referred him to Saharsa but in the way son of the informant succumbed to the injuries.

(3.) THE view taken by the trial court may not inspire confidence in us but considering the passage of time as more than 22 years have passed since sole respondent was acquitted of the charge, we deem it expedient not to interfere in the matter and dismiss the appeal. Sole respondent be discharged of the liability of the bail bond which he executed in the light of Order No. 4 dated 16.09.1993 passed in the instant Government Appeal.