STATE OF BIHAR Vs. DEONATH SINGH

JUDGEMENT

(1.) This appeal under Section 378(2) and (3) of the Code of Criminal Procedure (in short 'the Code') has been filed by the State of Bihar against an order of acquittal.

(2.) The prosecution case, in brief, is that one Mangan Mian, an accused in Gopalpur P S. Case No. 7/1980 was arrested by one Shashi Bhushan Sharma, Officer Incharge of Naugachia police station on 10 -6 -1980 at village Panchgachia under Gopalpur police station in the district of Bhagalpur. Later on, he was forwarded with a written report to the Gopalpur police station and the respondent who was the officer in charge of the said police station received him on 11 -6 -1980 at 10.00 a m. On the basis of the said written report, Gopalpur P. S. Case No. 2(6)/80 was registered against the accused under Sections 25 -A and 26 of the Arms Act and under Section 307 of the Indian Penal Code (in short 'the Penal Code')

(3.) The further case of the prosecution is that the respondent kept the said Mangan Mian in lock -up and did not examine the person of the said accused nor did he enquire from him as to how he received injuries as required under Bihar Police Manual Rules 238 and 221. It is said that the respondent left Gopalpur police station for investigation of the case on the same day at 11.00 a.m. The respondent returned to the police station at 23.00 hours on the same day as shown in the station diary No. 155 of the date.