SANJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard the learned counsel appearing for the appellant, Sanjay Kumar, at some length, who has drawn our attention to the depositions of the eye-witnesses, namely, Sanjay Kumar (the appellant and informant/complainant), who had deposed as PW-8 and Kalam, who had deposed as PW-7, and the other witnesses, namely, Dinesh Prasad (PW-6) and Krishna Chandra Dubey (PW-10), the investigating officer.

(2.) As per the case of the prosecution, respondent no. 5, Megnath Koiri, was detained at the spot itself after three intruders had entered into the shop and one of them fired at the father of the informant/complainant, that is, the deceased, Ishwar/Ishwer Chander. Respondent No. 5, Megnath Koiri, had in the said occurrence, suffered injuries and was arrested after the police reached the spot.

(3.) It is pointed out to us that the impugned judgment dismissed the appeal preferred by the appellant/informant/complainant, Sanjay Kumar, on the very first day, without even calling for the trial Court records.