SAMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner was the informant in this case and he has filed this revision against the judgment dated 25th September 2001 of the 7th Additional Sessions Judge, Bhagalpur under Sessions Trial No. 448 of 1999 whereby the Opp. Party No. 2 Chunchun Yadav and Opp. Party No. 3 Subodh Kumar who were tried under Section 302/34 I.P.C. and 27 of the Arms Act and were acquitted of the charge.

(2.) Briefly stating. the case of the informant in his fard-beyan (Ext-1) was that on 23rd September 1998 at about 1:00 P.M. a procession of RJD people being armed with Lathi, Bhala etc. had come to Variety Chowk, Sujaganj and the people in the procession had destroyed the bulbs and Jhalar in the Durga Pooja decoration by breaking the same by means of Lathi. The further allegation is that the deceased Amar Singh who was the member of Durga Pooja Samiti and was discussing some matters with the members of the Samiti requested on loudspeaker the Opp. Party No. 2 Chuchun Yadav who was the Ex-M.P. of the locality and who was in the procession, to control the mob and thereafter the deceased along with Awadhesh Kumar Jha (not examined) and Babban Singh @ Bablu Singh (P.W.9) came down from the Loudspeaker and went to Chunchun Yadav, OPP. Party No. 2 for talking with him (Chunchun Yadav) and that while the deceased was near a wall there and Chunchun Yadav was also standing there Chunchun Yadav, took out his licensed revolver and fired a shot hitting below the chest of the deceased. It was further alleged that body-guard of Chunchun Yadav also fired as a result of which the deceased fell down and he was removed to a doctor but he was declared there dead.

(3.) The Opp. party Nos. 2 and 3 were tried by the trial court on the charges, as above. The trial court discussed the evidence and other aspects and also detailed facts and circumstances of the case and came to the finding that the prosecution was not able to prove the charges hence, the accused (Opp. Party Nos. 2 and 3) were acquitted.