PATNA, India, Sept. 25 -- Patna High Court issued the following judgment on Aug. 25:

The present criminal appeal has been preferred under Section 372 of the Code of Criminal Procedure, 1973 against judgment of acquittal dated 10.09.2021, passed by the learned Additional Sessions Judge-III/Spl. Court M.P./M.L.A., Samastipur, in Sessions Trial No. 943A of 2004, arising out of Vibhutipur P.S. Case No.62 of 2000, whereby Respondent Nos.2 & 3 have been acquitted by the learned Trial Court from the charge of Section 307 of the Indian Penal Code, but were convicted under the charges of Sections 323, 324 and 341 of the IPC, and Section 27 of the Arms Act.

2. The prosecution case, in brief, is that on 04.06.2000 at 12:30 in night, the informant (Lalan Singh) went to attend the marriage of daughter of Ganga Singh and accused persons, Lal Babu Singh and Ram Balak Singh, were present there, and after seeing the informant they ordered to catch the informant upon which informant tried to run away towards the west side and when he reached Teenbatti near the house of Upender Singh, Lal Babu along with one person reached on motorcycle with pistol and Ram Balak Singh along with one person also reached on the other motorcycle and they opened fire to kill the informant. Two rounds of firing took place by Lal Babu Singh which hit the finger of the informant and it was blown and owing to this injury informant fell down.

3. On the basis of written report of the informant, Vibhutipur P.S. Case No. 62 of 2000 was instituted under Sections 341, 323 & 307 of the Indian Penal Code and Section 27 of the Arms Act and investigation was carried out by the police. The police, after investigation, submitted charge-sheet against Respondent Nos.2 & 3 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.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NSM3NDMjMjAyMSMxI04=-HvpiXjptr2Y=

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