At that time, Ram Naresh Chaudhary with Gun, Sukhraj Mallah with Gun, Janardan Ahir with Lathi, Chandeshwar Kurmi with Gun, Anil Singh with Gun, Balinder Ahir with Lathi, Naga Bhar with Lathi and Dwarika Chaudhary with Lathi came there in group and attacked them.
The informant and the people with him fell down being injured.
2 5 were charged with the offences punishable under Sections 323/324/325/307 IPC.
3 4 were charged with offences punishable under Sections 201/302/34 IPC.
At 1.00 p.m. Mr. A.A. Khan Sub Inspector recorded the statement of the deceaseds uncle in the Hospital.
The cause of the incident was that some days ago, the accused persons had cut and stolen away the barbed wire of the field of the informant upon which, they scolded the accused persons.
All the four accused were charged with the offences of rioting and companymitting murder with companymon object.
Janardan Ahir and Balinder Ahir hit on the right hand of the informant with lathi five times and Sukhraj Mallah fired gun shot on Ram Tapsya Pati Tiwari, the brother of the informant.
Shiv Kumar Pati Tiwari died and the accused persons fled away with his dead body towards South.
After investigation, charge sheet No.32/91 was filed on 21.10.1991 against Ram Naresh Chaudhary, Balvinder Ahir, Anil Singh, Sukhraj Mallah, Chandreshwar Kurmi, Janardan Ahir, Naga Bhar and Dwarika Chaudhary.
The prosecution case, in short, is that on 24.07.1991, after having dinner at 9.00 p.m., the informant Uma Pati Tiwari along with his elder brother Ram Tapasya Pati Tiwari and nephew Sheo Kumar Pati Tiwari were talking with each other at the Bathan situated at Village Kashidat Diara District Siwan, Bihar.
Challenging the said judgment, the son of the deceased filed appeal before the High Court.
On 25.07.1991, at about 10.00 a.m., Mr. Mahender Pandey, Thana In charge, after hearing about the incident, came in the Hospital and recorded the statement of the deceaseds father in his station diary at entry No.
The other villagers saw the incident.
Ram Naresh Chaudhary, Anil Singh and Sukhraj Mallah fired bullets from gun at Shiv Kumar Pati Tiwari.
The prosecution examined 13 witnesses.
The injured persons were admitted in Sadar Hospital, Siwan.
Charges were framed against the accused persons.
Thereafter, sub Inspector Mr. J.N. Prasad proceeded to inspect the scene of the crime, companylected sample of blood stained earth etc.
Both the trials were tried together.
Hence, the appellant has filed this appeal by way of special leave petition before this Court.
The informant had injuries on his right hand and back and Ram Tapsya Pati Tiwari had gun shot injury on his left eye, left ear and also at numbere.
Abhay Manohar Sapre, J. Leave granted.
Respondent Nos.
By judgment dated 17.09.2013, the Trial Court acquitted all the accused persons of the offences charged against them.
After companynizance on 17.09.1992, the trial of three accused Sukhraj Mallah, Chandreshwar Ahir and Dwarika Chaudhary was separated.
This appeal is filed by the son of the deceased Sheo Kumar Pati Tiwari against the final Order dated 21.04.2014 passed by the High Court of Judicature at Patna in Criminal Appeal D.B. No.1030 of 2013 whereby the Division Bench of the High Court dismissed the appeal filed by the appellant herein under Section 372 of the Code of Criminal Procedure, 1973 hereinafter referred to as the Code against the acquittal of respondent Nos.2 5 of the charges under Sections 302/34, 201 and 307 of the Indian Penal Code, 1860 hereinafter referred to as IPC vide judgment dated 17.09.2013 passed by the Ad hoc Additional District Sessions Judge III, Siwan in Sessions Trial No.32 of 1993.
Having heard the learned Counsel for the parties and on perusal of the record of the case including perusing the written submissions filed by the respondents, we are inclined to allow the appeal in part and remand the case to the High Court for hearing the appeal on merits afresh in accordance with law.
By impugned order, the High Court dismissed the appeal filed by the appellant.
The informant stated that he had recognized the accused persons in moon light and torch light.
and recorded the statements of the witnesses.
Subsequently, a supplementary charge sheet No.3 of 1992 was filed on 09.06.1992 against Anil Singh, Naga Bhar and Sukhraj Mallah, Chandreshwar Kurmi, Janardan Ahir and Dwarika Chaudhary.
On the basis of the station diary entry No.393, Sub Inspector Mr. J.N. Prasad registered FIR No.42/1991 dated 25.07.1991 was lodged against eight accused persons in Assaon Police Station.
Thereafter the trial of Naga Bhar was also separated.
Thereafter, on the basis of original charge sheet, Sessions Trial No.32/93 and on the basis of the supplementary charge sheet Sessions Trial No.76/93 was lodged.
The accused persons were apprehended.
Respondent Nos.
