- (1.) Heard Mr. Pankaj Kumar, learned Addl. P.P. for the appellant and Mr. K.P. Deo, learned counsel for the respondents.
(2.) This Govt. appeal has been preferred against the judgment and order of acquittal dated 12.10.1993 passed by the learned Additional District & Sessions Judge-II, Godda, in connection with Sessions Trial Case No. 7 of 1993/5 of 1993, arising out of Mahagama P.S. Case No. 19 of 1991, whereby the accused/respondents have not been found guilty for the charges framed against them and, hence, they have been acquitted from the charged framed against them.
(3.) The prosecution story based on fardbeyan given by the informant Yogendra Thakur (since dead) to S.I. G.N. Mishra on 01.03.1991 at about 5.00 A.M. In village Phasiya Tikar, in brief, is that there was a long standing land dispute between the accused Devendra Choudhary and Paltu Yadav, for that several litigations cropped up and accused Kuldip Yadav had lodged case for commission of dacoity, against the informant Yogendra Thakur, for which he had gone to jail in the said case. Therefore, the whole village got divided into two factions. On 28.02.1991 at about 3 P.M, all the 13 named accused persons, namely, Kuldeep Yadav, Rameshwar Yadav, Bindeshwary Yadav, Dhani Yadav, Bouki Yadav, Sitaram Yadav, Karu Yadav, Debu Yadav, Upender Yadav, Jai Prakash Choudhary, Devendra Choudhary, Levan Yadav and Dinesh Yadav, variously armed with Bhala, Gandasa & Chhura (sharp cutting weapon) came to village-Phasiya Tikar from village-Sirasa hurling abusing words, they tried to assault Paltu Yadav and Kishan Yadav. At that time informant's 50 years old father Rameshwar Thakur was proceeding to fetch water from well. Rameshwar Thakur was assaulted by fist and kick and accused Dinesh Yadav and Levan Yadav gave knife and bhala blow to him resulting in the death. The informant witnessed the occurrence. He has further stated that out of fear he did not go to police station instantly for giving the intimation.;