- (1.) Heard the parties. This appeal has been preferred by the State of Bihar (Now Jharkhand) against the Order of acquittal recorded by the Additional Sessions Judge, Pakur in Sessions Case No. 148/120 of 1990/92 whereby the respondents have been acquitted from the charges framed against them under Section 302/ 34 of the Indian Penal Code and also from the charges under Section 27 of the Arms Act framed against the accused Nimai Ghosh and Sonachand Ghosh.
(2.) The brief facts of the prosecution case is that on 8.7.1989, at about 3:00 p.m., the deceased (Manmohan Ghosh), accompanied by his son Janmajay Ghosh and villagers Meghnath Ghosh and Shankar Ghosh, left home for going Pakur where another house of the deceased was under construction. All of them were going on their bicycles. At about 4:00 p.m. when they reached near the Village-Dadpur Bahiyar (vacant land), accused Nimai Ghosh and Sonachand Ghosh, armed with pistol in their hand appeared and they forcibly took Manmohan Ghosh down towards East to the Railway Line, In the meantime, Gayanath Ghosh, Sridhar Ghosh, Sachin Ghosh and Sambal Ghosh also came out from the West side of rail track. It is alleged that Nimai Ghosh opened fire from his pistol causing injuries on the back of Manmohan Ghosh as a result he fell down. Thereafter, Sonachand Ghosh also shot fire from his pistol. After having gun shot injuries, while Manmohan Ghosh was writhing on the ground, accused Sambal Ghosh caused further injuries by means of knife. When the informant, Meghnath Ghosh and Shankar Ghosh tried to intervene, accused persons turned towards them to cause assault and therefore, they went back to a safe distance and witnessed the occurrence. The accused persons after committing murder of Manmohan Ghosh, fled away from the place. On the following morning i.e. on 9.7.1989, at about 5:30 a.m., fardbayan of Janmajay Ghosh was recorded and case being Pakur P.S. Case No. 127/1989 under Section 302/ 34 of the Indian Penal Code and Section 27 of the Arms Act against all the six respondents was registered.
(3.) The investigating Officer after completing investigation submitted charge-sheet against all the respondents under Section 302/ 34 of the Indian Penal Code and Section 27 of the Arms Act. Accordingly, charges were framed and the prosecution produced altogether 11 witnesses in support of their case whereas the respondents also examined four witnesses in their defence and proved document as per exhibits. Out of 11 prosecution witnesses Shankar Ghosh (P.W. 2), Meghnath Ghosh (P.W. 5), the informant Janmajay Ghosh (P.W. 8) are the eye witnesses who were accompanying the deceased at the time of occurrence. Manjur Rahman (P.W. 4), Mahadeo Ghosh (P.W. 6) and Saidul Rahman (P.W. 9) are the chance witnesses who had also witnessed the occurrence and supported the prosecution case. Dr. S.K. Gupta (P.W. 1) had conducted post mortem examination on the dead body of the deceased Manmohan Ghosh on 9.7.1989. Shankar Ghosh (P.W. 3), Vrindavan Ghosh (P.W. 7) are the witnesses to inquest and seizure list. Dinanath Ram (P.W. 10) and Shyama Ram (P.W. 11) are the Investigating Officers.;