ANUJ KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal revision is directed against the order dated 22/12/1999 whereby and whereunder the learned Additional Sessions Judge, Palamau at Daltonganj dismissed Criminal Appeal No.100 of 1999 affirming the order of the Chief Judicial Magistrate dated 30/8/1999 in connection with G.R. No. 426 of 1999 arising out of Palamau Sadar P.S. Case No. 121 of 1999 registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

(2.) The persecution case in brief as stated is that on 19/4/1999 at about 2 p.m. one boy came to the house of the informant and called Bachu Chacha. The informant, wife of the deceased, came out and enquired about the matter and thereafter the boy said that he had to take one cinema pass upon which the informant told him that her husband was sleeping. Thereafter the boy went away and again at about 4.30 p.m. he came and gave a call. The informant opened the grill. On seeing him her husband (deceased) named him as Anuj and asked him to come in, but when the boy did not enter, her husband went out and brought him inside and asked the informant to prepare tea. Thereafter two more boys were demanded four cinema pass of which the informants husband (deceased) asked that they were only three and why they were demanded four. He asked informant to bring paper and pen for preparing pass and also to serve tea. After that when the informant came with pen and paper, she saw that one boy who was with Anuj fired at the informants husband, due to which her husband became injured and fell down and thereafter the boys started fleeing away says that the work has been done. On hearing the sound of firing and hulla of the informant, many persons came there and the injured was taken to hospital, but after sometime, the informants husband died.

(3.) The police investigated into the case and submitted charge-sheet against the petitioner and others.