STATE OF BIHAR Vs. MADAN RAI WITH

JUDGEMENT

(1.) AGGRIEVED by and dissatisfied with the order dated 16.6.1990 passed by Sri Bal Krishna Jha, the then 2nd Additional Sessions Judge, Samastipur, in Sessions Trial No. 174/4 of 1987/1988, arising out of Samastipur (Mufassil) P.S. Case No. 419/85, whereby and whereunder both the accused have been acquitted of the charges framed against them under the provisions of Section 232 Cr.P. C, the State of Bihar has preferred the instant appeal against the order of acquittal and Bimla Devi, the informant of the case, has preferred the revision. Since the appeal and the revision arise out of the same impugned order of acquittal, they were earlier made analogous and having been heard together are being disposed of by this common judgment.

(2.) THE prosecution case as based on the fardbeyan of Bimla Devi, a widow, working in the D.R.M. office of Samastipur was that she was being vexed by one Ram Chandra Yadav for not marrying him since she was always turning down his proposal for marriage. It is alleged that at about 11 P. M. on the night of 27.11.1985 Ram Chandra Yadav and Arvind Yadav alongwith 3 -4 unknown others went to the darwaza of the informant and Ram Chandra started chastising her to marry him or else he would kill all her four sons whereupon the informant with all her sons locked themselves in a room. It is said that on 28.11.1985 the informant put her children in the custody of her mother - in -law, Devki Devi, and left her house for the office at around 9 A.M. It is further stated that at around 3 P.M. one Satya Narayan Razak, a co -villager, informed her that at about 2 P.M. Ram Chandra alongwith Arvind Yadav, Rama Rai and Madan Rai went to her darwaza and attempted to shoot dead her son Arun Kumar Razak but his friend in an attempt to save him sustained injuries and had been removed to the Samastipur Railway Hospital where his condition being found to be serious he was shifted to Laheriasarai Hospital.

(3.) ON the basis of the said fardbeyan Samastipur (Mufassil) P.S. Case No. 419 of 1985 was registered under Sections 448, 324, 307 I.P.C. and 25/27 of Arms Act against the four F.I.R. named accused. After due investigation the police submitted a charge -sheet against all the four accused under Sections 452, 342, 323, 326, 307/34 I.P.C. and 27 of Arms Act. It appears that before the Court of Sessions accused Ram Chandra Rai and Arvind Rai were discharged vide order dated 16.12.1988 whereas on 4.1.1989 Madan Rai and Rama Rai were charged for commission of offences only under Sections 452, 342, 323, I.P.C. That apart Rama Rai was also charged under Sections 326 and 307 I.P.C. and 27 of Arms Act whereas Madan Rai was further charged under Sections 326/109 read with Sections 34 and 307 read with Section 109 I.P. C. to which they pleaded not guilty and claimed to be tried.