STATE OF BIHAR Vs. SHASHI BHUSHAN PAL

JUDGEMENT

(1.) The State has preferred the present appeal under Sec. 378(1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code') against the judgment and order dtd. 10/1/2024 rendered by the learned Additional Sessions JudgeIIIrd, Bhojpur at Ara in Sessions Trial No. 286 of 2023 (arising out of Jagdishpur P.S. Case No. 487 of 2022) for the offences registered under Sec. 307 read with Sec. 34 of Indian Penal Code (hereinafter referred to as 'I.P.C.') to which, later on Sec. 302 of I.P.C was also added and under Sec. 27 of the Arms Act, whereby the learned Trial Court has acquitted all the four accused i.e. Respondent Nos. 1 to 4, who were facing the trial.

(2.) The prosecution story is based on the fardbeyan of the informant, namely, Meera Kumari who has been examined as PW-4 in course of trial. In her fardbeyan recorded on 1/10/2022 at 13:45 hours (afternoon) by one Pramod Kumar Tiwari, Sub-Inspector of Police, Shastri Nagar Police Station, she alleged that on 30/9/2022 at about 10:00 P.M. in the night, the informant heard the sound of firing coming from the dalan and when she went there, she saw (1) Amarjeet Pal @ Chotu (2) Ramjeet Pal, (3) Indrajeet Pal, all three sons of Shiv Person Pal and (4) Shashi Bhushan Pal, son of Heera Lal Pal were fleeing away from the dalan. She further alleged that when the informant went inside the dalan, she saw her father's elder brother was restless and was in a pool of blood. When she shouted, the people assembled there and they took him to Sadar Hospital, Ara for treatment where after treatment he was referred to Paras Hospital, Patna for better treatment. It is further alleged that the reason of this occurrence is that eight days ago, when the work of boundary wall of her dalan was going on, then Shiv Person Pal with his three sons came there armed with lathi-danda and started abusing and stopped the work. They had also threatened them of dire consequences if they start the work of boundary wall. The informant alleged that with an intention to usurp the land, the said accused persons had shot at her elder father in his abdomen.

(3.) On the basis of the said fardbeyan, Jagdishpur P.S. Case No. 487 of 2022 dtd. 1/10/2022 was initially registered under Sec. 307/34 IPC and Sec. 27 of the Arms Act but after death of the injured Hare Ram Pal, Sec. 302 IPC has been added vide order dtd. 2/11/2022. The copy of FIR was received in the court of learned Chief Judicial Magistrate, Incharge on 11/10/2022 i.e. after 10 days of the registration of the FIR.