Rajendra Kumar Mishra, J. – The aforesaid Government Appeal (DB) No.33 of 1995 and Criminal Revision No.492 of 1995 are directed against the Judgment of acquittal dated 05.08.1995 passed in Sessions Trial No.37 of 1988, arising out of Singhwara P.S. Case No.10 of 1987, whereby and whereunder the Additional Sessions Judge-II, Darbhanga, acquitted the respondent nos.1 to 10 of Government Appeal (DB) No.33 of 1995, who are opposite party nos. 2 to 11 in Criminal Revision No.492 of 1995, of the charges under Sections 302/149 of the Indian Penal Code and, further, the respondent no.1 of the charges under Sections 302 and 148 of the Indian Penal and Section 27 of the Arms Act, the respondent no.3, 4, 6, 7, 8, 9 and 10 of the charge under Section 147 of the Indian Penal Code, respondent no.5 of the charges under Sections 307 and 149 of the Indian Penal Code and Section 27 of the Arms Act and the respondent no.2 of the charges under Sections under Section 307 and 149 of the Indian Penal Code and Section 27 of the Arms Act.

Since both the aforesaid Government Appeal (DB) No.33 of 1995 and Criminal Revision No.492 of 1995 have been preferred against the common Judgment of acquittal, therefore, they have been heard together and are being disposed of by this common Judgment.

2. In brief, the prosecution case is that Shiv Shankar Jha (P.W.6) gave his fardbeyan (Ext.5) on 18.03.1987 at about 08.30 A.M. before Ratneshwar Prasad Sinha (P.W.12), the Officer Incharge of Singhwara Police Station, to the effect that on the same day in the morning at about 07.30 A.M., he engaged the labourers to lay the foundation and called Bhimesh Thakur (deceased) for seeing as to whether the foundation is in straight line or not, upon which Bhimesh Thakur (deceased) raised suspicion about the construction of the house. In the meantime, the respondent no.3 Ramakant Kunwar came from his door and told in abusive language, making query for the calling of Bhimesh Thakur, then he requested Bhimesh Thakur to move from there, whereupon Bhimesh Thakur went at his door. Thereafter, Bhaj Govind Kunwar (since dead), respondent no.3 Ramakant Kunwar, respondent no.4 Pratap Narain Kunwar, respondent no.5 Jagta Nand Kunwar, respondent no.1 Abhay Nath Kunwar alias Barabu, respondent no.6 Sri Prakash Kunwar, respondent no.7 Rajendra Kunwar, respondent no.8 Rama Nand Jha, respondent no.9 Udan Jha and respondent no.10 Maharudra Jha along with 20-25 others having Lathi, Bhala, Garasa, pistol and bomb in their hands came at the door of Bhimesh Thakur (deceased) and dragged him from his door and started to commit “Maar-Peet”. At that time, the respondent no.1 Abhay Nath Kunwar alias Barabu fired through pistol at Bhimesh Thakur, due to which he fell down sustaining injury. Bhaj Govind Kunwar (since dead) started to cause injury to Bhimesh Thakur through Garasa. Thereafter, the respondent no.5 Jagta Nand Kunwar fired through pistol in which Krishnanand Thakur (P.W.3) and Dayanand Thakur (P.W.4) sustained injury and they fell down there, the respondent no.2 Vijay Chandra Kunwar also opened fire, which hit to Dayanand Thakur (P.W.4). Thereafter, all the respondents and Bhaj Govind Kunwar (since dead) put fire on the paddy straw, which was stored in south-west corner of his house. At that time, all the respondents and others came at his door and the respondent no.2 Vijay Chandra Kunwar put fire at his door. On the alarm being raised by him, his villagers Amar Nath Thakur (P.W.9), Tarakant Thakur (P.W.7), Sukhdeo Mishra, Bhangesh Thakur, Shrawan Thakur, Sheenandan Thakur and others rushed and saw the occurrence. The villagers took the injured to Singhwara Hospital, where treatment of the injured started. Bhimesh Thakur (deceased) on reaching at Singhwara Hospital died.

3. On the basis of the aforesaid fardbeyan (Ext.5) of Shiv Shankar Jha (P.W.6), Singhwara P.S. Case No.10 of 1987 was instituted on 18.03.1987 under Sections 147, 148, 149, 447, 342, 324, 326, 307 and 302 of the Indian Penal