PATNA, India, Oct. 15 -- Patna High Court issued the following judgment on Sept. 16:

The present criminal appeal has been preferred under Section 372 of the Code of Criminal Procedure, 1973 against the judgment of acquittal dated 30.03.2024 passed by the learned Additional District & Sessions Judge-III-cum-Special Judge, MPs/MLAs/MLCs Court, Siwan in Sessions Trial No. 71 of 2017, arising out of Guthani P.S. Case No. 96 of 2013, whereby Respondent Nos. 2 to 9 have been acquitted by the learned trial court from the charge of Sections 148, 149, 120-B, 307, 302 of Indian Penal Code and Section 27 of the Arms Act.

2. Vide order dated 22.07.2025, trial court records were called for, which were received on 11.08.2025.

3. The prosecution case, in brief, as per the fardbeyan of the informant, is that on 06.07.2017 at 16:00 hours, when he along with his son Rajnarayan Singh @ Raju Singh arrived at the door of Santosh Tiwari of his panchayat, Mukesh Singh, Rajesh Kumar Singh, Ghanshwam Mishra, Dharmendra Singh, Laxman Sah and other villagers were present there. When the informant was getting information about the incident taken place on 05.07.2013, Maale leader Satyadeo Ram and others, namely, Amarjeet Kushwaha, Lorik Ram, Vishram Manjhi, Udaybhan Ram, Munna Ram, Ramkishun Ram, Dinesh Ram, Chhotelal Sharma, Anil Ram including 10-15 unknown persons armed with weapons also arrived at the door of Santosh Tiwari. Satyadeo Ram ordered to kill and also fired two shots towards Rajnarayan Singh with his weapon. Amarjeet Kushwaha fired at Mukesh Singh with his weapon. Lorik Ram fired on Ghansliwam Mishra on which he fell down on the ground. Thereafter, the persons accompanying Satyadeo Ram ran away from there by making indiscriminate firings upon the informant and other persons present there. The informant and the persons present there also ran away in order to save their lives. It is further alleged in the fardbeyan that the injured persons were carried to the Sadar Hospital, Siwan where the injured, namely, Mukesh was declared dead. The injured Rajnarayan Singh @ Raju was referred to Patna for better treatment and the treatment of injured Ghanshyam was made at Sadar Hospital, Siwan. It is also alleged in the fardbyan that the persons present there had seen the incident and when asked they will tell about it.

4. On the basis of the fardbeyan of the informant, Guthani P.S. Case No. 96 of 2013 was instituted under Sections 147, 148, 149, 447, 307, 302 of Indian Penal Code and Section 27 of the Arms Act and investigation was taken up by the police. The police after investigation submitted charge-sheet against Respondent Nos. 2 to 9 and, accordingly, cognizance was taken. Thereafter the case was committed to the Court of Sessions.

Charges were framed against the accused persons to which they pleaded not guilty and claimed to be tried.

5. During the trial, the prosecution examined altogether ten witnesses i.e. PW1- Dharmendra Kumar Singh, PW2- Laxman Sah, PW3- Amar Singh, PW4- Dr. Md. Israil, PW5- Dr. A.A. Ghani, PW6- Chandra Prakash, PW7- Nirbhay Kumar Ray, PW8- Rakesh Singh, PW9- Shambhunath Singh and PW10- Ghanshyam Mishra. The prosecution has also produced certain documents which were marked as Exhibits, i.e., Ext. 1- Signature of informant on his fardbeyan recorded by Bhagwati Prasad, police sub-inspector of town police Station, Siwan; Ext. 1/1- Writing and signature of in-charge S.H.O. of Guthani Police Station on endorsement of the registration of FIR as Guthani P.S. Case No. 96/2013 dated 07.07.2013 on the back side of fardbeyan of the informant Amar Singh; Ext. 2- Charge-sheet bearing No. 1/2016 dated 08.01.2016 filed after completion of investigation; Ext. 3- Injury report of the injured Ghanshyam Mishra proved by PW-4 Dr. Md. Israil; Ext. 4- Postmortem report of the deceased Rajnarayan Singh @ Raju Singh prepared on 06.07.2017 by PW-4 Dr. Md. Israil; Ext. 5- Postmortem report of the deceased Mukesh Kumar Singh prepared on 06.07.2017 by PW-5 Dr. A. A. Ghani and Ext. 6- Formal FIR lodged as Guthani P.S. Case No. 96/2013 dated 07.07.2013. The defence has also examined twelve witnesses, viz., DW1- Ranjeet Singh, DW2- Ramjee Prasad Kharwar, DW3- Sujeet Subhani, DW4- Jisan Ali, DW5- Brajesh Ram, DW6- Krishna Baitha, DW7- Bindo Kumar Singh, DW8- Rajendra Bhagat, DW9- Deepak Kumar, DW10- Majahan Singh, DW11- Maya Kushwaha and DW12- Malti Devi. After closure of prosecution evidence, the statements of the accused persons were recorded under Section 313 Cr.P.C. and after conclusion of trial, the learned trial court has acquitted the accused persons.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NSM1ODEjMjAyNCMxI04=-zOH7wJaPTlc=

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