BHARDULI THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is a revision against a judgment of acquittal dated 17.5.1993, passed by 1st Additional Sessions Judge, Gopalganj, in Sessions Trial No. 30 of 1989, which was registered for the offences under Sections 302/34 and 302/149 of the Indian Penal Code.

(2.) THE case of the prosecution, in short, was that in the night between 19/20th of August, 1982 while the informant was on the roof of his house along with other family members, heard cry of Sonia Devi (PW -6). When he flashed torch, he noticed three of the accused persons, namely, Ramesh Rai, Hadish Mian and Hare Ram Chaudhur sitting by the side of chimney, It is alleged that these accused persons were carrying blood stained Bhujali. Iddediately after flashing of the torch, these accused persons jumped on the ground and fled away. Thereafter the informant went towards west of the roof to call his brother (deceased Yogendra Thakur) and his nephew (deceased Mahamaya Thakur). When they did not reply, the informant flashed his torch towards the Bathan and identified eight accused persons, carrying weapons. But noticing that the informant had seen them, they fled away. It is further claimed that witnesses also arrived at the place of occurrence. The intimation with regard to the occurrence was sent to the Police through theChowkidar.

(3.) THE defence of the accused persons is complete denial of the allegations. Their further case was that they were implicated because of enmity. In fact, the manner of occurrence and alleged identification of the accused persons was concocted and improbable. According to them, the murder in this case took place at a different place and in a different manner. However, no witness was examined on behalf of the defence.