STATE OF BIHAR Vs. RAMAKANT SINGH

JUDGEMENT

(1.) THE State has preferred this appeal against the judgment and order of 4th Additional Sessions Judge, Dumka passed in Cr. A. 115 of 1986/98 of 1986 whereby the learned 4th Additional Sessions judge, Dumka has allowed the appeal and acquitted the respondent who was convicted by the 1st Assistant Sessions Judge, Dumka in Sessions Case No. 312 of 1985 on 20-5-1986 for the offence under Section 307 of the Indian Penal Code and Section 28 of the Arms Act.

(2.) BRIEF facts leading to this appeal are that the respondent (a constable) was standing at the shop of the P. W. 8 on 13-6-1985 when informant P. W. 3 went there to purchase a soap. At this Juncture the respondent abused him and asked p. W. 8 to provide him first with pan and then only to hand over soap to the informant. The informant protested then as alleged, the respondent whipped a revolver from his pocket and fired upon the informant. However the informant could save him by bending down. Thereafter the respondent again tried to fire but it did not click. The informant raised alarm but in the meantime the respondent manage to flee away. Further stated when father of the informant, (head constable) got information they went in search of the respondent at his residence and caught him along with revolver and three cartridges. The respondent was handed over to Dumka Police and an FIR bearing Dumka (Town) P. S. Case no. 12 of 1985 has been registered under section 307 of the Indian Penal Code and 25/27 of the Arms Act.

(3.) THE respondent was put on trial in S. C. Case No. 312 of 1985 and convicted finally. The respondent preferred appeal i. e. Cr. A. 115 of 1986/98 of 1986 in which the 4th additional Sessions Judge, Dumka set aside the order of conviction and acquitted him of the charges on various grounds by order dated 23-7-1986.