RAMDEO RAM Vs. AKALU AHIR,

JUDGEMENT

(1.) This application in revision is directed against the order of acquittal recorded by the Second Assistant Sessions Judge, Chapra, in Sessions Trial No. 59 of 1967. Out of the four accused on trial, two namely, Akalu Ahir and Chandrika Singh were charged under Sec. 307, Indian Penal Code, for having attempted to commit the murder of petitioner Ramdeo Ram, who deposed at that trial as P.W. 1. The other two accused persons, Jagarnath Kanu and Ramchander Kanu were charged under Sec. 307 read with Sec. 109 of the Code for having abetted the commission of the same offence. The offence is alleged to have taken place at 11 p.m. in the night of the 13th June, 1966, at the house of the petitioner in village Arakpur, police station Darauli, in the district of Saran. The prosecution case is that at the relevant time the petitioner was sitting in the Osara of his house along with his wife Fuljharia (P.W. 9) and his ploughman Bhudhar Chamar (P.W. 10). All on a sudden, the four accused persons came up. Accused Akalu was armed with a Pistol, accused Chandrika with a gun, accused Jagarnath with a farsa and accused Ramchander with a lathi. Akalu fired a shot from his pistol, whereby the left hand of the petitioner was injured. The petitioner stood up, in the meantime accused Jagarnath and Ramchander gave an order that he should be killed, whereupon accused Chandrika fired a gun -shot which hit the petitioner on his chest. The petitioner fell down and four accused persons fled away.

(2.) After the occurrence, the petitioner was removed to Siwan Hospital where his fardbeyan was recorded at 6.30 a.m. on the following day. In the meantime a Saneha entry was also made at Darauli Police Station on the statement of the village Chaukidar Bhagrasan. The investigation was held by Maheshwari Prasad Dubey (P.W. 12), the Officer -in -charge of Darauli Police Station. This Police Officer found ample signs of the occurrence in the Osara of Ramdeo (P.W. 1). There were marks of firings, besides some pellets on the back and some of the ground of the Osara. He took charge of one wad and 12 pellets, besides a lantern, under a seizure list (Ext. 6). These pellets, besides more pellets extracted from the body of Ramdeo (P.W. 1), were forwarded to the Fire -Arms Expert, but the report of the Expert was not exhibited in the case.

(3.) Dr. R.S.P. Sinha of Siwan Hospital had found the following injuries on the person of the petitioner;