AMRENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present criminal appeal has been preferred under Sec. 372 of the Code of Criminal Procedure, 1973 against the judgment of acquittal dtd. 30/3/2024 passed by the learned Additional District & Sessions Judge-III-cum-Special Judge, MPs/MLAs/MLCs Court, Siwan in Sessions Trial No. 71 of 2017, arising out of Guthani P.S. Case No. 96 of 2013, whereby Respondent Nos. 2 to 9 have been acquitted by the learned trial court from the charge of Ss. 148, 149, 120-B, 307, 302 of Indian Penal Code and Sec. 27 of the Arms Act.

(2.) Vide order dtd. 22/7/2025, trial court records were called for, which were received on 11/8/2025.

(3.) The prosecution case, in brief, as per the fardbeyan of the informant, is that on 6/7/2017 at 16:00 hours, when he along with his son Rajnarayan Singh @ Raju Singh arrived at the door of Santosh Tiwari of his panchayat, Mukesh Singh, Rajesh Kumar Singh, Ghanshwam Mishra, Dharmendra Singh, Laxman Sah and other villagers were present there. When the informant was getting information about the incident taken place on 5/7/2013, Maale leader Satyadeo Ram and others, namely, Amarjeet Kushwaha, Lorik Ram, Vishram Manjhi, Udaybhan Ram, Munna Ram, Ramkishun Ram, Dinesh Ram, Chhotelal Sharma, Anil Ram including 10-15 unknown persons armed with weapons also arrived at the door of Santosh Tiwari. Satyadeo Ram ordered to kill and also fired two shots towards Rajnarayan Singh with his weapon. Amarjeet Kushwaha fired at Mukesh Singh with his weapon. Lorik Ram fired on Ghansliwam Mishra on which he fell down on the ground. Thereafter, the persons accompanying Satyadeo Ram ran away from there by making indiscriminate firings upon the informant and other persons present there. The informant and the persons present there also ran away in order to save their lives. It is further alleged in the fardbeyan that the injured persons were carried to the Sadar Hospital, Siwan where the injured, namely, Mukesh was declared dead. The injured Rajnarayan Singh @ Raju was referred to Patna for better treatment and the treatment of injured Ghanshyam was made at Sadar Hospital, Siwan. It is also alleged in the fardbyan that the persons present there had seen the incident and when asked they will tell about it.