JUDGMENT

Dr. Arijit Pasayat, J.—

1. Challenge in this appeal is to the judgment of a Division Bench of the Patna High Court directing reversal of the judgment of acquittal recorded by learned Third Additional Sessions Judge, Munger. All the accused persons were acquitted by the aforesaid judgment. However one of accused respondent i.e. Kirat Yadav before the High Court died during the pendency of the appeal. A Criminal Revision was also filed by the informant-Lalitdeo Prasad and the said revision was taken along with the State’s appeal.

2. Prosecution version as unfolded during trial is as follows:

As per the fard beyan of Lalitdeo Prasad Singh, on 31st July, 1982 at about 8 A.M. informant alongwith several other persons, namely, Rameshwar Mistry, Kailash Singh, Brahmdeo Singh, the Govt. Amin(Omar Ali), Biranchi Das, Challitar Singh, Jalim Singh, the wife of Rameshwar Mistry, Bilo Mistry, Shiv Das, Kedar Das Rajendra Mistry, Manikant Mishra and 5 to 6 others proceeded from Sirjua Ghat to the Diara across the Ganges river into the boat of Rameshwar Mistry. When this contingent of the informant’s party anchored into the Diar side of the river for some persons from the boat came out a