SHIV CHANDER KAMAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Krishna Prasad Singh, learned senior counsel assisted by Mr. Yogendra Kumar, learned counsel for the appellant, Mr. Yogesh Chandra Verma, learned senior counsel assisted by Mr. Vikas Kumar Jha, learned counsel for respondent no. 2 and Mr. Purushottam Kumar Tanushri, learned counsel for respondent nos. 4 to 6. No one has appeared on behalf of respondent no. 3. Mr. Binod Bihari Singh, learned Additional Public Prosecutor has appeared on behalf of the State.

(2.) This appeal has been preferred for setting aside the judgment of acquittal dtd. 12/3/2024 (hereinafter referred to as the 'impugned judgment') whereby and whereunder the learned Additional District and Sessions Judge-II, Supaul (hereinafter referred to as the 'learned trial court') has been pleased to acquit respondent nos. 2 to 6 of the charges under Ss. 147, 307/149, 302/149, 120(B) of the Indian Penal Code (in short 'IPC') and Sec. 27 of the Arms Act in Sessions Trial No. 576 of 2022 arising out of Kishanpur P.S. Case No. 77 of 2022. Prosecution Case

(3.) The prosecution case is based on the fardbeyan (Exhibit 'P/3') of Shiv Chander Kamat (PW-6) recorded by A.S.I. Jitendra Kumar, Kishnapur Police Stationon 22/3/2022 at 1 O' clock at Sadar Hospital, Supaul. In his fardbeyan, the informant alleged that when he was going to a sleep in the night at 11:15 PM and his sons had also gone to sleep in the rooms near the courtyard, 5-6 boys came hurling abuses from the East side of Brahm Sthan. They were abusing the informant whereafter the informant did not go for sleep and went near the road. He has stated that there was lighting at his door in which he identified that (1) Subhash Yadav, (2) Ranjit Kumar Kamat, (3) Chandan Yadav, (4) Bitto Yadav, (5) Nitish Kumar and (6) Bhavesh Kumar were there. The informant asked them to refrain from hurling abuses on which Subhash Yadav and Ranjit Kamat scolded him and asked about his son Chandan. The accused persons threatened him that they would shot dead Chandan and he should be brought outside the house. The informant alleged that he did not say anything but on hearing the sound, his son Chandan Kumar and younger son Abhinandan Kumar both came in front of the accused persons whereafter Ranjit @ Poin identified Chandan Yadav and asked Subhash Yadav to kill him. Thereafter Subhash Yadav shot at Chandan on his chin whereafter Chandan fell down. A second firing was also done aiming Abhinanadan Kumar but the cartridge passed through his temporal region and he went unhurt. Thereafter the informant alleged that on hearing the sound of firing, his elder brother Ramchandar Kamat and younger brother Ramsunder Kamat @ Chaudhary and his nephews Akash and Sunil came running and they raised hulla whereafter all the six named accused persons fled away towards the school in the western side by foot. Thereafter Chandan was brought to Sadar Hospital, Supaul where Doctor declared him dead. The informant further alleged that the accused persons had hatched a conspiracy at the door of Siyaram Kamat of Bagha and apart from these accused persons, some other accused, namely, Radheshyam Kamat, Virendra Kamat, Arvind Kamat, Sanjay @ Vikas and Jivad Kamat all of village Ratanpura were involved. They had also threatened earlier. The informant alleged that there is a Mahakal Group in his village in which 25/30 boys are involved. The accused persons are members of the Mahakal Group. They had been doing hulla in the school which is nearby the house of the informant. They had stored liquor and were making noises which was objected to by Chandan Kumar and for this reason, he has been killed.