PATNA, India, Oct. 24 -- Patna High Court issued the following judgment on Sept. 25:
Both the appeals have been preferred by the State and the informant respectively for setting aside the judgment dated 14.05.2024 (hereinafter referred to as the 'impugned judgment') passed in Sessions Trial No. 246A of 2006 arising out of Danapur P.S. Case No. 200 of 2003 passed by the learned Additional Sessions Judge-III-cum-Special Judge MP/MLA, Patna (hereinafter referred to as the 'learned trial court) by which the learned trial court has been pleased to acquit Rit Lal Yadav (respondent no. 2) for the offences punishable under Sections 148, 307 and 302 of the Indian Penal Code (in short 'IPC') and Section 27 of the Arms Act.
Prosecution Case 2. The prosecution story is based on the written application of Asha Devi (PW-1), Wife of Satyanarayan Sinha, Resident of Village- Sarari, PS- Shahpur, District- Patna in which she has stated that on 30.04.2003 in between 11.00-11.30 AM, she was going for her treatment along with her husband Satyanarayan Sinha, Jivan Yadav, Sanjay Kumar, Nageshwar Prasad, Dheeraj Kumar, Arun Kumar to Khagaul by her vehicle bearing Registration No. BR1T-0222. As soon as they reached near the house of Rambabu Pathik, a Maruti Van was standing in front of the house of Rambabu Pathik in such a way that her vehicle could not proceed further. The vehicle was being driven by informant's husband. He took his head outside and asked for giving passage. It is alleged that three persons came out of the vehicle and shouted "Satya Narayan Aa Gaya". They all were armed with weapons. After hearing the hulla, Rambabu Pathik, Ritlal Yadav, Sunil Yadav @ Kana, Ranjan Kumar Benga and 8-10 others variously armed with weapon came from the house of Rambabu Pathik. Rambabu Pathik while saying "Sala Barka Neta Banta Hai Jaan Se Maar Do", pulled her husband outside, Ritlal Yadav, Sunil Yadav and Ranjan Kumar fired on her husband due to which, he fell down. Thereafter, at the instance of Rambabu Pathik who said "Gari Me Baithe Logon Ko Maar Do", all the 10-12 criminals started firing but the informant and all were saved by hiding themselves under the seat of the vehicle. Sanjay and Dheeraj were injured. There were dozen of marks of bullet on the vehicle. The accused persons assuming them dead entered into house of Rambabu Pathik. The informant identifies the other accused persons but does not remember the names. It is the claim of the informant that the accused persons namely Rambabu Pathik, Ritlal Yadav, Sunil Yadav @ Kana, Ranjan Yadav @ Benga and other criminals had killed her husband Satya Narayan Sinha, due to enmity.
3. On the basis of the written report of the informant (Exhibit '1'), Danapur P.S. Case No. 200 of 2003 dated 01.05.2003 was registered under Sections 147, 148, 149, 323, 307, 324 and 302 IPC and Section 27 of the Arms Act.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NSM5NTIjMjAyNCMxI04=-AM1EqlUF5Hw=
Disclaimer: Curated by HT Syndication.
