SANTOSH YADAV Vs. STATE OF BIHAR AND ANOTHER

JUDGEMENT

(1.) This appeal, under the proviso to Sec. 372. of the Code of Criminal Procedure, 1973, has been filed against the judgment and order, dated 08.05.2014, passed by learned Adhoc Additional Sessions Judge-III, Patna, in Sessions Trial No. 321 of 2007, whereby respondent Nos.2 and 3 have been acquitted of the charges levelled against them, under Sections 307 read with Sec. 34 of the Indian Penal Code and Sec. 27 of the Arms Act, 1959, by giving them benefit of doubt.

(2.) The informant of Gandhi Maidan P.S. Case No. 222 of 2003, which gave rise to aforesaid Sessions Trial No. 321 of 2007, is the appellant in the present case.

(3.) According to the case of the prosecution, based on the fardbeyan of the informant/appellant, on the alleged date of occurrence, i.e., 29.07.2003, at about 11.15 P.M., when the appellant was on his way back to home in his vehicle (Maruti Van, bearing Registration No. -M.H. 03-B- 5827) from a Motor Garage, where he had gone to get repaired his said vehicle, 5 - 6 persons intercepted him at Bari Path, near Udyog Bhawan, Patna. The informant identified respondent Nos.2 and 3 out of the said persons. They were allegedly armed with pistols in their hands. The respondent Nos.2 and 3 yelled to shoot at the informant, where after the informant, leaving his Maruti Van, started fleeing away towards Regent Cinema Hall. Thereafter, respondent Nos.2 and 3 had allegedly opened fire, which hit the informant's stomach and head. Others are also said to have opened fire on him causing injuries on his legs and head. The informant, thereafter, fell down and the miscreants fled away presuming the informant to have died. A sub-Inspector of police, who was on night patrolling duty, thereafter, reached the place of occurrence and took the informant, in a police vehicle, to P.M.C.H., Patna, where the informant was admitted. Non-fulfilment of demand of ransom by the informant demanded by respondent No. 2 was alleged to be the motive behind the occurrence. With these allegations, the said Gandhi Maidan P.S. Case No. 222. of 2003 was registered for the offences punishable under Sections 341, 384, 326 and 307 read with Sec. 34 of the Indian Penal Code and Sec. 27 of the Arms Act, 1959. The police, upon investigation, submitted charge-sheet, on 13.01.2003, against respondent Nos.2 and 3, where after cognizance of the offences, punishable under Sections 341, 384, 326 and 307 read with Sec. 34 of the Indian Penal Code and Sec. 27 of the Arms Act, 1959, was taken by the learned Chief Judicial Magistrate on 06.10.2003. The case was committed to the Court of Sessions for trial giving rise to Sessions Trial No. 321 of 2007. On 14.05.2008, the charges were framed against respondent Nos.2 and 3 for the offences punishable under Sections 307 read with Sec. 34 of the Indian Penal Code and Sec. 27 of the Arms Act, 1959. Since the concerned respondents pleaded not guilty, they were put on trial. After examination of prosecution witnesses, the statements of respondent Nos.2 and 3 were recorded, under Sec. 313 of the Code of Criminal Procedure, wherein they denied the allegations levelled against them.