BIJAY PRASAD @ LALU PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present criminal appeal has been preferred under Sec. 413 of the B.N.S.S. against judgment of acquittal dtd. 20/12/2024 passed by the learned Additional District and Session Judge-1st, Masaurhi, Patna in Sessions Trial No. 158 of 1992, arising out of Dhanarua P.S. Case No. 71 of 1991, whereby Respondent Nos. 2 and 3 have been acquitted by the learned Trial Court from the charge of Ss. 148 and 302/34 of Indian Penal Code.

(2.) The prosecution case, in brief, is that on 25/4/1991 at about 06:00 a.m., when the informant's father Late Bhuvaneshwar Prasad came to his house after defecating, then Chamru Prasad, Shiv Prasad, Upendra Prasad, Brijlala Prasad, Santlal Prasad and Yadunandan Prasad all came to his house. Chamru Prasad was carrying a lathi, Shiv Prasad a spade, Upendra Prasad a khanti, Brijlal Prasad and Santlal Prasad a stick and Yajunandan an iron rod. As soon as they arrived, they started abusing his father and, upon resistance, they started hitting him with the weapons in their hands. The spade hit his head and blood started oozing. He was hit on his head, back and chest by khanti and lathi. His father became unconscious and fell at the door. He was then taken to Dhanarua Police Station. The Police Inspector told to take him to Block Hospital. He was then referred to P.M.C.H from the Block Hospital, where he died during his treatment.

(3.) On the basis of fardbeyan of the informant, Dhanarua P.S. Case No. 71 of 1991 was instituted under Ss. 147, 148, 149, 323, 302/34 of Indian Penal Code and investigation was taken up by the police. The Police, after investigation, submitted charge-sheet against Respondent Nos. 2 and 3 under Ss. 148, 149 and 302/34 of Indian Penal Code and, accordingly, cognizance was taken. Thereafter, the case was committed to the Court of Sessions. Charges were framed against the accused persons under Ss. 148, 302/34 of Indian Penal Code to which they pleaded not guilty and claimed to be tried.