STATE OF BIHAR Vs. MD AKHTAR ALIAS KARI

JUDGEMENT

(1.) THE instant Government appeal is directed against the judgment dated 18.6.1988, passed by the learned 2nd Additional District and Sessions Judge, Begusarai, in S.T. No. 107 of 1985/4 of 1988, whereby and where under he has acquitted Opposite Parties 1, 2 and 3, namely, Md. Akhtar @ Md. Kari, Md. Jamal @ Fakira and Md. Sanjat, charged under Sections 148 and 302 read with Section 149 of the Penal Code. A criminal revision was also filed at the instance of the informant to the same effect which has been tagged with the instant Government Appeal.

(2.) THE prosecution case, as made out in the Fardbeyan of Md. Abu Daud (P.W.6) of village Saidpur, P.S. Matihani, District Begusarai, recorded on 5.1.1984, at 9 P.M., by Shri B. Das, Officer Incharge Matihani P.S., Village Saidpur, in short is as follows:

(3.) THE prosecution examined altogether 11 witnesses in support of its case whereas the defence also examined four witnesses. Md. Soyeb (P.W.1) is a hearsay witness, and his evidence is to the effect that he learnt the name of the accused persons from the informant (P.W.6). This witness is brother -in -law (SALA) of the deceased Nadir Sah @ Jumma. He stated that at the time of occurrence he was at the residence of his brother -in -law Jumma where he heard the sound of firing at about 6.30 P.M. On hearing the sound of firing, he ran in the direction of firing and reached near the house of Samshul where informant narrated the occurrence and spelt the name of the accused persons.