in a Scheduled Caste students’ hostel at Raipur Chaur.
On the night of 08.10.2010, PW-13 was sleeping in Room No. 7
along with the Company Commander, namely, Rohit Raj Diwana,
on two separate beds. In the early morning of 09.10.2010, he heard
sounds of repeated firing, whereupon he woke up and saw that the
appellant was fleeing away with AK-47 rifle in his hand from the
door of their room. He also found Rohit Raj Diwana lying dead in
a pool of blood. Immediately thereafter, PW-13 heard sounds of
indiscriminate firing coming from the southern side of the camp.
He rushed towards that direction with his firearm, when ASI
Hasan Ali informed him that the appellant had shot dead R.N.
Pandey by gunshot injury and had fled towards the roof of the
hostel. PW-13 then went to the southern-side room where RN
Pandey was sleeping and found ASI R.N. Pandey lying dead in
pool of blood. PW-13 thereafter rushed towards the staircase of the
hostel leading to the roof, where he found the appellant saying that
he had killed Rohit Raj Diwana and R.N. Pandey, and that he
would kill anyone who will attempt to approach him. PW-13
informed the incident to higher officials of the company over
phone. After about two hours, the appellant was apprehended by
CRPF jawans from the roof of the said hostel and from his
possession, one AK-47 rifle along with two magazines, 31 blank
cartridges and 29 rounds of live cartridges were recovered. The
Patna High Court CR. APP (DB) No.331 of 2018 dt.18-02-2026
seized articles were handed over to the police, whereupon the
statement of PW-13 was recorded and treated the same as the FIR,
leading to the registration of Shiv Sagar P.S. Case No. 240 of
2010, and investigation was taken up.
