DHAN JEE PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted in both the cases. Criminal Appeal No.1864/2026 @ SLP (Crl.) No. 4241 of 2025

(2.) The instant Criminal Appeal has been filed by the appellant / informant challenging the judgment and order dtd. 22/11/2024 passed by the High Court of Judicature at Patna [Hereinafter referred to as "the High Court"] in Criminal Appeal (DB) No. 1180 of 2018, whereby, the High Court, during the pendency of the appeal, suspended the sentence of life imprisonment awarded to Respondent No. 2, Shekhar Pandey @ Shekhar Suman Pandey @ Sintu Pandey @ Situ and released him on bail.

(3.) The prosecution case, in brief, is that on the basis of the written information (fardbayan) of the appellant / informant, namely Dhan Jee Pandey, P. S. Case No. Buxar (I) 4 of 2016 dtd. 4/1/2016 was registered under Ss. 302, 307, 120B and 34 of the Indian Penal Code, 1860 [For short, "IPC"] and Sec. 27 of the Arms Act, 1959 against Respondent No. 2 and other accused persons. It is alleged that on 4/1/2016 at about 04.15 p.m., the appellant, along with his elder brother (deceased), Ramashankar Pandey @ Jhamman Pandey, was proceeding towards his village on a motorcycle. On the way, they stopped at a betel shop located at the village chatti. At that time, the appellant's father-in-law, Mukteshwar Mishra, also arrived and engaged in conversation with the appellant at a short distance from the shop. In the meantime, Respondent No. 2 along with other accused persons reached the spot and began abusing the deceased. Immediately thereafter, two accused persons, namely Shiv Jee Pandey and Ghanshyam Pandey, caught hold of the deceased, while the others took out firearms. Shiv Jee Pandey then fired a gunshot at the head of the deceased, causing fatal injuries. The other accused persons also fired at the appellant, who narrowly escaped. Thereafter, all the accused fled the scene on motorcycles. The deceased succumbed to the injuries and died on the spot.