STATE OF BIHAR Vs. SUDAMA BHAGAT

JUDGEMENT

(1.) Challenging the acquittal of the respondents by the court of 2nd Additional Sessions Judge, Saran, Chapra in Sessions Trial No. 15 of 1984/3 of 1986 vide judgment dated 30th of March, 1995 for the offences under Sections 302, 302/149, 436/149, 436, 324/149, 323 and 147 of the Indian Penal Code, this appeal has been filed by the State of Bihar under Section 378 (1 & 3) of the Code of Criminal Procedure.

(2.) Today, during the course of hearing Madam Shashi Bala Verma, Additional Public Prosecutor produced before us a report of the Superintendent of Police, Saran dated 25.02018 which goes to show that out of the eight respondents, except accused persons, Respondent No. 2 Janak Bhagat, son of Satna Bhagat and Respondent No. 8 Gulab Chand Bhagat, son of Bahar Bhagat, all the other respondent accused have died during the pendency of the appeal. Accordingly, the appeal stands abated against all the accused persons except Respondent No. 2 Janak Bhagat and Respondent No. 8 Gulab Chand Bhagat.

(3.) Even though learned counsel for the appellant tried to argue that the learned court below has committed an error in acquitting the respondent accused persons but on going through the facts and circumstances of the case we find that with regard to an incident that took place at 10.30 A.M. on 12.01981 based on the information given by one Punyadeo Bhagat (P.W.7) , the fardbeyan was registered and it was the case of the informant and the prosecution that there was a dispute with regard to land in question, a Gharari land wherein Respondent No. 1 since dead Sudama Bhagat used to create an issue and threatened the informant for removing his house and Palani and grant possession. It is said that Sudama Bhagat got the land measured by an Amin and came out with a case that the house and the Palani fell in his share and he used to ask the informant to remove the same and when nothing was done, it is alleged that on 11.01981 at about 12 noon all the accused persons armed with lathi, Farsa and other equipment assaulted the informant and his brother Mangal Bhagat and his son Rajdeo Bhagat and in the assault Rajdeo Bhagat is said to have died.