STATE OF JHARKHAND Vs. KRISHNA SINGH

JUDGEMENT

(1.) Although this matter has been listed for orders on the ground that fresh steps for service by the opposite party No.11 have not been taken despite repeated opportunities, but with the assistance of the learned counsel for the State and learned counsel for the respondent No.1 and the learned counsel for the informant we have heard the matter on merits.

(2.) This is an appeal against the acquittal of the 11 accused jointly tried under Sections 147, 148, 307/34 and 307/149 I.P.C. and Sections 25(1-B), 26/27 of the Arms Act and 3/5 of the Explosive Substance Act.

(3.) The prosecution story is that on 29.03.1991, i.e. 20 years ago, at about 7.00 a.m. all the accused armed with pistols, bombs, lathi and Farsa surrounded the house of the victim. Several bombs were exploded, according to the prosecution case, however, there is one single injury of lathi. Although it has been alleged that some splinter injuries were also received by some other persons but no injury report was brought on record, neither the Doctor who had examined the injuries was examined as a prosecution witness. In the circumstances, the trial Court has acquitted the accused in this case of large scale implication of as many as 11 accused.