STATE OF BIHAR Vs. GAFAR MIAN

JUDGEMENT

(1.) THIS appeal by the State of Bihar is directed against the judgment dated 11.1.1988 passed by Shri Anirudh Prasad Choudhary, 2nd Additional Sessions Judge, Madhepura in Sessions Trial No. 43 of 1981 by which he has acquitted all the respondents of the charges framed against them. There were three more respondents in the appeal, namely, Liyakat Mian, Sheo Nandan Yadav and Nandi Lal Yadav, who died during the pendency of this appeal.

(2.) THE prosecution case, as it appears from the Fardbeyan (Ext. 4) of the informant Chhedi Mian, is that on 3.11.1979 at about 8.00 A.M. after taking food the informant along with his cousin Suleman Mian (deceased) set out together from their house. The informant had to go to Methai Bazar and Suleman Mian had to go to Saharsa. At about 8.15 A.M. when they were passing by the side of the Banswari (bamboo clump) of Mohammad Mian, about 15 -20 persons including the respondents came out from the Banswari armed with Lathi, Garassa and dagger and surrounded them and started assaulting Suleman Mian. The informant fled towards west at some distance to save himself and raised alarm. On the alarm raised by the informant, Siyaram Das (P.W. 4), Jagdish Yadav (P.W.3) and others came there, and seeing them the assailants fled away southwards towards their village. It is further said that the informant then went near his brother and found him besmeared with blood lying unconscious and severely injured all over the body. He then carried the injured on a cot to Madhepura Subdivisional Hospital for treatment, where on the same date i.e. 3.11.1979 at 13.30 hours, the Fardbeyan was recorded. On the basis of the said Fardbeyan formal F.I.R. (Ext. 5) was drawn up under Sections 147, 148, 149, 324, 342 and 307 I.P.C. against the respondents.

(3.) IT appears that on 4.11.1979 the injured died in the hospital of the injuries sustained by him. It also appears from the evidence led in the court that the prosecution case also is that in conspiracy with the other respondents, accused Raghu Yadav had instigated Suleman Mian to go to Saharsa on the pretext of making pairvi in his case and he had also accompanied him upto the place of occurrence.