STATE OF BIHAR Vs. NAWAL SINGH

JUDGEMENT

(1.) STATE being aggrieved by the judgment dated 11.2.1988 passed by the Additional Sessions Judge, Begusarai in Sessions Trial No. 29 of 1980 acquitting all the accused persons of the charges levelled against them, have preferred this appeal.

(2.) DURING the pendency of the appeal Respondent Nos. 18, 25, 31, 47, 49 and 55 had died and, as such, appeal against them has abated. Further this appeal has been dismissed against respondent nos.1, 5 to 9, 11 to 13, 17, 20, 21, 23, 30, 33 to 36, 38 to 40, 42, 44, 48, 50 to 52, 54 and 60 to G2 for non -compliance of the peremptory orders. Thus, this appeal is confined only against respondent nos. 2 to 4, 10, 14 to 16, 19, 22, 24, 26 to 29, 32, 37, 41, 43, 45, 46, 53, 56 to 59.

(3.) THE injured persons were brought to Rosera Hospital on 16.11.1978. The fardbeyan of Jageshwar Sao, who subsequently succumbed to injury, was recorded by Assistant Sub -Inspector of Police Chhotelal Sao (P.W. 43) in Rosera Hospital which led to registration of Khodawandpur P. S. Case No. 8(11)78. The fardbeyan of Jholi Yadav and Paltu Sah were also recorded in the Hospital by the Assistant Sub -Inspector of Police which had led to registration of Khodawandpur P. S. Case No. 7(11)78 and 9(11)78 respectively. As all the three fardbeyans related to the same occurrence, the Officer -in -charge of the police station took up investigation of all the three cases simultaneously. Ultimately the investigation of the case was handed over to the Criminal Investigation Department and was investigated by P.W. 123 Bhuneswar Pathak, who after investigation submitted charge -sheet against 74 persons and ultimately they were committed to the Court of Sessions. At the time of framing of the charge the trial Court considered the material and finding that there is no sufficient ground for proceeding against three accused persons, they were discharged by order dated 6.9.1980. After the evidence was led six accused persons were acquitted by order dated 15.21984 on the ground that there is no evidence against those accused persons that they had committed the offence. Three accused persons died in course of trial and ultimately 62 persons faced the trial.