PATNA, India, Sept. 10 -- Patna High Court issued the following judgment on Aug. 13:

Heard Mr. Shashi Bhushan Singh, learned counsel for the appellant, Mr. Sanjeev Kumar, learned counsel for the Respondent Nos.2 to 15 and Mr. Abhimanyu Sharma, learned APP for the State.

2. The present criminal appeal has been preferred under Section 372 of the Code of Criminal Procedure against the judgment of acquittal dated 04.01.2023, passed by the learned District & Sessions Judge, West Champaran, Bettiah, in Sessions Trial No.2573 of 2014, arising out of Manpur P.S. Case No.21 of 2002, whereby Respondent Nos.2 to 15 have been acquitted by the learned Trial Court from the charge of Sections 147, 148, 452, 436 & 307/149 of the Indian Penal Code and Sections 25(1-b)a, 26 & 27 of the Arms Act.

3. The prosecution case, in brief, is that the father of the appellant/informant purchased a plot from Ghanshyam Mahto and constructed a residential house, flour mill and threshing floor on it. On 29.09.2002, at about 07:00 A.M., three tractors, one of which was a DI Mahindra tractor belonging to Ram Janam Mahto, while the other two had registration numbers of Nepal, arrived at the place of occurrence. Several named accused were reportedly sitting on the tractors, armed with fire-arm, spear and lathi and about 25 to 30 unknown persons, armed with weapons, came at the place of occurrence and made indiscriminate firing. On the orders of Rajesh Mahto and Rajkishore Mahto, Braj Kishore Mahto and Prem Mahto had set the house and flour mill of the informant on fire. Thereafter all the miscreants made indiscriminate firing with intent to kill the family members of the informant. The informant's brother managed to inform the police and upon arrival of the police, the family of the informant and local villagers advanced towards the accused. It is alleged that Rajkishore Mahto allegedly fired from a single-barrel gun with intention to kill the informant's cousin Naresh Yadav, injuring him above the left eye and he fell down. With the help of police and villagers, Rajesh Mahto, Jitendra Mahto, Yogendra Mahto, Lalji Mahto, Govind Mahto, Ramchandra Mahto, Anand Mahto and Rajkishore Mahto were overpowered, their weapons were seized and handed over to the police.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NSMzODIjMjAyMyMxI04=-Is6rybPXPUM=

Disclaimer: Curated by HT Syndication.