STATE OF BIHAR Vs. ARUN PASWAN

JUDGEMENT

(1.) This Government Appeal has been preferred to challenge the order of acquittal passed by the learned 7th Additional Sessions Judge, Purnea, on 26th day of July, 1988 in Sessions Trial No.265 of 1986. The respondents were acquitted of the charge under Section 302/34 of the Penal Code.

(2.) The Prosecution case is that the informant (P.W.3) Naimuddin was returning by his bicycle from Banmankhi to his house. He had on the carrier of his bicycle seated the deceased Rajo Das. When they came at a particular place, described by him as Khutahari drainage bridge, accused Arun Paswan, Ram Chandra Thakur and Bijoy Das were found sitting nearby and listening to a radio. Out of them, accused Arun Paswan asked the deceased Rajo Babu to stop. The informant and the deceased got down from the bicycle and the three accused persons also came near them leaving the radio set. Respondent Arun Paswan is said to have requested the deceased Rajo Das to help him out in the matter of one Anandi Paswan having filed a petition against him expressing apprehension that the said Arun Paswan would loot away his standing crops. The deceased promised to look into the matter. The deceased and the informant proceeded again and when they were crossing the drainage bridge and were down the slope to descend to a lower level, respondent Ram Chandra Thakur requested Rajo Das for ensuring registration of the sale deed in respect of the land which was, probably, purchased by him upon which the deceased also assured him that he will attend to the difficulties as and when they appeared upon which Ram Chandra Thakur stated that it would not be sufficient and in a haste caught hold of the hands of the deceased, whereafter, respondent Bijoy Das fired a shot from back of the deceased. The deceased started running away raising a cry of Bachao- Bachao. The informant stated that he also fled from there with his bicycle. The deceased Rajo Das fell down on the southern side of the road whereafter the three accused persons went near him and fired shots to kill him.

(3.) The informant stated that while he was rushing away from the place of occurrence he found one Brahmdeo Das also passing by the same bridge who enquired from the informant as to why he was running away but he did not respond to the query and kept running away in a hurry and reached his house and without stating anything to any one, lied down. The informant stated that when Rajo Das was running away one of his shoes as also his spectacle fell down on the road. The informant stated that he was called by the police and then only he could give his statement which is contained in Ext. 1, the fardbeyan.