Judgment

Nanavati, J.-Both these appeals are filed by the State of Bihar against the common judgment of Patna High Court in Death Reference No. 7 of 1987 and Criminal Appeal No. 407 of 1987. The High Court rejected the Reference, allowed the appeal filed by the convicted accused and acquitted them.

2. The prosecution case was that on 29.1.86, Subhash Kunwar (inform­ant) and his brother Rambilas @ Boudhu (deceased) and Mangal (de­ceased) left village Basudevpur in the morning for going to Begusarai. At about 9’O clock, when they were passing by the ‘bandh’ (embankment) near village Koria -Haibatpur, accused Ram Padarath, Ram Sugarath, Ramsubodh, Bipin, Dilip (abs­cond­ing) who were armed with pistols and ‘katta’ attacked them, because of the pre­vious enmity with the inform­ant and his brother. Boudhu and Mangal who were walking ahead of Subhash became their targets. The shot fired by Ram Padarath (Respond­ent No. 1) injured Boudhu. After walking a few steps he fell down in a nearby field where he was given a blow by Ram Sugarath with a ‘katta’ on his head. He died immediately. Mangal who had started running away from that place shouting ‘Bachao Bachao’ was hit by a shot fired by Di