PATNA, India, July 30 -- Patna High Court issued the following judgment on July 14:

Heard Mr. Dilip Kumar Sinha, learned A.P.P. appearing for the Appellant/State.

2. The present Government Appeal has been filed under Section 378(1) and (3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') challenging the judgment of acquittal dated 08.09.2000 passed by learned 6th Additional Sessions Judge, Rohtas at Sasaram (hereinafter referred to as 'Trial Court') in Sessions Trial No.48 of 1988 arising out of Nokha (Baghaila) P.S. Case No.98 of 1987 corresponding to G.R. No.1295 of 1987, committed by learned C.J.M., Sasaram to the Court of Sessions on 21.01.1988.

3. The brief facts leading to the present appeal are as under:-

The case of the prosecution is that at about 10:00 P.M. on 25.05.1987 the informant Prahlad Paswan (PW-7) gave his fardbeyan at Nokha Police Station recorded by Bachcha Singh (PW-15), Officer-in-Charge, Nokha P.S. that on 25.05.1987 at about 7:00 P.M. the women of the informant party had gone to attend the call of nature towards western side of village. At that time Gopal Chamar (A-5) flashed his torch upon the said women with bad intention and the said fact was informed by the deceased Chander Dusadh and wife of Bigan. The nephew of the informant, namely, Chander Dusadh upon getting the said information went to enquire from Gopal Chamar (A-5) and upon this, there was altercation between them, however, the informant and others intervened and both were separated. It is further stated that in the meantime Dukhi Chamar (A-4) with small pistol, Surajdeo Master (A-3) with lathi, Gopal Chamar (A-5) with a three-cell torch, Satya Narain Chamar (A-1) with a gun, Bijay Chamar (A-2) with a small pistol came there and upon instigation of Surajdeo Master (A-3), Dukhi Chamar (A-4) fired from pistol upon Chander Dusadh which hit him and he fell down. Bijay Chamar (A-2) and Satya Narain Chamar (A-1) fired upon the informant three to four times but the informant hide himself in the corner of wall and saved himself. Gopal Chamar flashed his torch and in that light the informant saw all the accused persons and identified them. On hearing the sound of firing, several women and male persons came there, then the accused persons ran away to their houses. The injured Chander Dusadh was brought to Nokha Hospital on a cot in unconscious state but he died on the way.

4. On the basis of fardbeyan, the police instituted Nokha P.S. Case No.98 of 1987 under Sections 302, 307/34 of I.P.C. and 27 of the Arms Act. The investigating agency carried out the investigation. During course of investigation, the Investigating Officer recorded the statement of witnesses under Section 161 Cr.P.C. and collected the relevant documents and after completion of the investigation, charge sheet was filed against all the accused persons/respondents under the aforesaid sections and since the case was exclusively triable by the Court of Sessions, it was committed to the Court of Sessions. The charges were framed against the respondents/accused persons.

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