RAM SURESH TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Ram Suresh Tiwari has been convicted under Section 304 (part II) of the Indian Penal Code by judgment and order dated 28.8.2003 passed by Sri Rajendra Prasad Rai, Presiding Officer, Addl. Court -1, Buxar in Sessions Trial No. 738 of 1989 and sentenced to undergo R.I. for ten years and by the same judgment other accused have been acquitted from the charges levelled against them.

(2.) The prosecution case in short is that on the day of occurrence while the informant along with some others brought injured Munmun Tiwari under unconscious position on a cot at Sonbarsa Outpost and made statement that on the day at about 5.30 P.M. deceased and the informant were talking in front of the house at the same time, Ram Suresh Tiwari came and said that he has brought a pistol on this Munmun Tiwari asked to show the pistol and Ram Suresh Tiwari took out the pistol and shown it to the deceased and also displayed for opening and locking the pistol which fired and hit Munmun Tiwari in the right side of the chest and the deceased fell down and accused Ram Suresh Tiwari fled away but on hulla made by informant, villagers and relatives came.

(3.) On the basis of the aforesaid statement, Nawanagar P.S.Case No. 2/86 has been registered. It further appears from perusal of the record that a protest petition has been filed on behalf of the prosecution and on protest petition, the informant has also been made accused in this case. The case was ultimately committed to the court of sessions which ultimately came to the file of Sri Rajendra Prasad Rai, P.O. Addl. Court -1, Buxar for trial and disposal.