Judgment :

ALTAMAS KABIR, J.

1. On 17th February, 2000, one Vijay Singh, brother of Bharat Singh (deceased) and Damodar Singh, who was an independent candidate in the elections to the Bihar Assembly, lodged a First Information Report with Maharajganj Police Station which was recorded as Maharajganj P.S. Case No.14 of 2000. In the said F.I.R. it was indicated that Damodar Singh, the informant's brother was contesting the elections to the Bihar Assembly as an independent candidate. While the polling of votes was in progress, Bharat Singh was sitting in the Election office when he received information that bogus votes were being cast at a particular booth and upon hearing a bomb explosion at about 11.30 a.m., he proceeded to the place where the incident was taking place. According to the F.I.R. version, the informant reached the place in a jeep while Bharat Singh followed him on a motorcycle. On reaching the place they were informed that a boy had sustained injuries and had been rushed to the Maharajganj State Hospital for treatment.

2. When they were leaving the hospital premises, Uma Shankar Singh who was a candidate of the Samata Party in the Assembly election, and his son Jitendra