RAJENDAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Cr. Appeals No. 248 of 1989 and 262 of 1989 have been preferred against the one and the same judgment and in both the appeals, the appellants are same persons. It appears that subsequent Cr. Appeal No. 262 of 1989, preferred by the two appellants, is under wrong instruction because these appellants have already filed Cr. Appeal No. 248 of 1989. Accordingly, Cr. Appeal No. 262 of 1989 is dismissed as not maintainable.

(2.) This appeal has been preferred against the judgment and order dated 20-6-1989 passed by Ist Additional Sessions Judge, Patna in Sessions Trial No. 560 of 1986 convicting the appellants under Section 307/34, I. P. C. and S. 27 of the Arms Act and sentencing each of them to undergo rigorous imprisonment for five years and two years respectively. The sentences are directed to run concurrently.

(3.) The prosecution case giving rise to this appeal are as follows : On 16-11-1983 at about 8 p.m. near the house of appellant Mahendar Singh situate in village Pali, district Patna, an exchange of hot words was going on in between the appellants and Kariman (P. W. 3). It is alleged that they were drunk at that time. The exchange of hot words took a serious turn and appellants Mahendar Singh and Rajendar Singh, who were armed with pistol, fired at Kuriman but it did not hit him instead the firing hit one Basavan Yadav (informant), P. W. 5 who happened to pass by that way at the time of firing. He suffered injuries on his forehead near right eye and at other places. Several witnesses including Raja Ram (P. W. 1), Jailal Yadav (P. W. 2) Lallan Yadav (P. W. 4) and others arrived and saw the occurrence. The informant came to the Police Station and lodged the First Information Report on 17-11-1983 at 3 a.m. He was referred to the doctor P. W. 6 for treatment.