NUNULAL YADAV Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) The appeal has been filed by the Informant against the judgment of acquittal of Respondents No.2 and 3 by judgment dated 28.4.2015 passed by the 6th Additional District and Sessions Judge, Banka in Sessions Trial No.744 of 2012 (G.R. No.138 of 2012 Trial No.77 of 2015).

(2.) The prosecution case according to P.W.5 Nunu Prasad Yadav is that on the previous day i.e. 31.01.2012 in the evening his son Gunjan Yadav, aged about 14 years, had gone for bisarjan of the Sarswati idol in which at about 7 P.M. he had heard shots of gunfire. Then he along with his son Ranjan Yadav (P.W.4) went to the place of occurrence, where they were told that near the house of Yogendra Yadav, Gunjan Yadav and Shashi Yadav (Respondent No.3) had fought between themselves, after which Shashi Yadav had shot at his son Gunjan Yadav, on account of which he was injured. Thereafter Jwala Yadav (Respondent No.2), father of Shashi Yadav, had come there and both of them had taken away the injured. On this information, his son Ranjan Yadav and himself had looked for their son in the house of the relatives but could not find him, at which he was going to the Police Station to give information but he was met by the Police Officer on way, at which he had given the fard beyan. He alleged that the Respondents No.2 and 3 had got disappeared his son.

(3.) During trial the prosecution examined six witnesses. P.W.1 Basuki Pd. Singh, P.W.2 Vijay Pd. Singh and P.W.3 Karu Yadav did not support the case of the prosecution and were declared hostile. However, we find from the evidence of P.W.6 Ajay Kumar Azad, the Investigating Officer that his attention was not drawn to the previous statements of these three witnesses and hence it has no meaning.