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I.A. ANSARI, J.

1. With the help of this writ petition, made under Articles 226 and 227 of the Constitution of India, the petitioner herein, who is informant of Mairwa Police Station Case No.184 of 2014, seeks directions to be issued for taking appropriate action against Mantu Sahi @ Vijay Pratap Sahi and Deepak Sahi, who were named as accused in the First Information Report along with seven other accused persons, but they were not sent up for trial, while submitting the police report (charge-sheet) No. 193/2014, dated 30.11.2014, in spite of specific accusations made against them not only by the eye witnesses, but also by the injured persons. The petitioner further seeks that the statement of the injured, who subsequently succumbed to the injuries, be treated as dying declaration by directing respondent No.1, namely, the Director General of Police, Bihar, to look into the matter afresh.

2. Let me take notice of the material facts, which has given rise to this writ petition. On the basis of a fard-beyan lodged by the present petitioner, i.e., the informant, Mairwa Police Station Case No.184 of 2014, under Sections 147/148/149/307/506 of the Indian Penal Code and Section 27 of the Arms Act, 1959, was registered against nine persons, namely, Mantu Sahi @ Vijay Pratap Sahi, Deepak Sahi, Tribhuwan Sahi, Lallan Singh, Binod Singh, Pappu Kumar, Rudal Singh, Bunty Singh and Guddu Singh, the case against the accused being, in brief, thus,

(i) On 06.09.2014, at 10.15 PM, when the informant, along with his family members, was sitting after they had their dinner, the said nine accused persons came to the house of the informant and started indiscriminate firing. While two bullets, fired by accused Mantu Sahi @ Vijay Pratap Sahi from his country-made pistol, hit Raj Kumari Devi, sisterin- law (bhabhi) of the informant, in her right abdominal wall (rib-cage), one bullet, fired by accused Deepak Sahi, from his country-made pistol, too, hit Raj Kumari Devi, in her right abdominal wall (rib-cage), and accused Tribhuwan Sahi, fired from his country-made pistol, hitting Poonam Kumari on her right hand, and two bullets hit Nitu Devi on her buttock.

(ii) Having indulged in firing, as mentioned hereinbefore, the said nine accused persons fled away from the place of occurrence. The informant’s neighbour, who gathered at the place of occurrence, accompanied by the informant took, all the injured victims to Referral Hospital, Mairwa, from where the injured were referred to Sadar Hospital, Siwan.

(iii) Thereafter, in view of their critical conditions, Raj Kumari Devi and Nitu Devi were referred to Patna Medical College and Hospital, Patna, but both of them succumbed to their injuries during the course of treatment.

3. Though the informant had made specific allegation against Mantu Sahi @ Vijay Pratap Sahi, as accused No.1, Deepak Sahi as accused No.2, the police by ignoring the statements of witnesses, namely, Ram Nagiga Turha, Usha Devi, Suman Devi, Veer Prakash Prasad, and also the statement of the injured, who had succumbed to the injuries, submitted charge sheet only against seven of the accused persons, exonerating by way of a final report, the remaining two accused, namely, Mantu Sahi @ Vijay Pratap Sahi and Deepak Sahi, on the ground that the said two accused could not have been present at the place of occurrence inasmuch as one of them was lying in a hospital and the other one was attending the coaching institute.

4. The result of the investigation has been, according to the petitioner, manipulated by the police, more specifically, by the Investigating Officer and the Sub Divisional Police Officer, Sadar, Siwan.

5. With the above allegations, this writ petition has been filed, under Article 226 of the Constitution of India, inter alia, issuance of a writ of mandamus to the respondents to take appropriate action against the Investigating Officer and the Sub Divisional Police Officer, Sadar, Siwan, who have ignored the dying declaration made by