STATE OF BIHAR Vs. PANCHOO DHANYAR

JUDGEMENT

(1.) This appeal is directed against the judgment of acquittal dated the 4th August, 1983 passed by the 2nd Additional Sessions Judge, East Champaren, Motihar, by which judgment the trial court has acquitted the four respondents.

(2.) The facts giving rise to this Government appeal are as follows. The charge-sheet has been submitted against the eight accused persons including two shown as absconders. But, however, the trial proceeded against only four respondents all of whom have been acquitted by the judgment referred to above. It is against this judgment of acquittal that the present appeal has been filed.

(3.) The prosecution case, in brief, is that Nishi Kumari alias Pammi, the sister of the informant Rajani Kant Shrivastava was missinrg from the evening ofthe 29th December, 1976. The father of Nishi Kumari named Ram Chandra Prasad PW-1 lodged.a sanha at Raxaul Police Station on the 30th December, 1976 about the missing of bis daughter. On 30th December, 1976 Nishi Kumari returned to her house. She informed her family members that on the 29th December, 1976, Hari Dhangar had come to her house and asked her for some straw. When s! e went near the stock of straw to give some straw to Hari Dhangar some companions of Hari Dhangar tied her eyes and mouth and took her away. In the night when she woke up and saw only a window and heard that some people were talking to take her to Assam. When she regained her consciousness the found her in a sugarcane field where Bishwanath Dhangar was standing by her side. She wanted to raise hulla, but, Bishwanath Dhangar threatened her to kill with dagger. In the evening of the 30th December, 1976 Bishwanath Dhangar brought her near the stock of straw near her house and left her there and fled away. On 3lst December, 1976 the information was sent to the Police Station that Nishi Kumari had returned home. On the 31st December, 1976 Nagendra Prased, Kainal Kumar Pradhan and Surendra Singh came to the house of the informant. On that very day they took their meals at about 9-30 p. m. When the aforesaid friends of the informant were to leave his house Somar Dhangar came to the house of the informant and called Pius Kant Shrivastave the brother of the informant to talk something to him. Pius Kant Shrivastava went with Somar Dhangar and when both of them were going together 2 to 3 persons came near them and wanted to assault Pius Kant Shrivastava. Pius Kant Shrivastava at once returned and informed about the incident to his brother and his frien.is Thereafter the informant along with his brother named Pius Kant Srivastava and his friend went towards the Dhangar toll to enquire about the incident. When they reached near the Dhangar toll, they found that there were 15 to 20 persons along with the respondents Somar Dhangar ordered that the informant and his companions should be killed. It is further said that the respondents and others were armed with Tangi and Lathis. The respondents and others are said to have assaulted Pius Kant Shrivastava, the informant and his companions. Pius Kant Shrivastava succumbed to the injuries at the spot. The informant along with Nagendra Prasad and Kamal Pradban went to Raxaul hospital on a rickshaw leaving his brother Pius Kant Shrivastava there. It is further said that when the informant and his friends were fleeing away from Dhangar Toll they heard that someone was saying that the informant and others should be falsely implicated by setting fire in the houses as serious incident had taken place. The informant and his companions saw flames of fire in the Dhangar toll. One S.I., B. N. Singh, Raxaul Police Station recorded the fardbeyan of Rajani Kant Shrivastava (informant) in the haspital on 31st December, 1976. The Police getting information went to the spot and found the dead body of Pius Kant Shrivastava near the burnt house of Ganesh Dhangar and he also found that blood had fallen there. After completion of investigation charge-sheet was submitted against the respondents and others as mentioned above. After commitment Badri Dhangar and Hari Dhangar died and Bishwanath Dhangar and as Mehadi Dhangar were already absconding trial proceeded against the four respondents only.