HARIHAR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant Harihar Thakur has filed this appeal from jail against the judgment and order dated 11th August, 1997 passed by 4th Additional Session Judge, Aurangabad in Sessions Trial case No. 204/93/ 6/97 whereby the learned Additional Session Judge convicted the appellant Harihar Thakur under Section 302 of the Indian Penal Code and under Section 27 of the Arms Act and sentenced him to undergo R.I. for life under section 302 of the I.P.C. and R.I. for two years under Section 27 of the Arms Act. The sentences are to run concurrently.

(2.) Miss. Sony Srivastava Advocate bad been appointed as amicus-curiae in order to assist the Court in hearing of this appeal.

(3.) The case of the prosecution is that accused appellant Harihar Thakur had instituted a case against deceased Karmadeo Thakur, father of information Satyendra Thakur in respect of a house and land, in which deceased Karmadeo Thakur had succeeded and due to it accused appellant Harihar Thakur was annoyed. On 27-12-1992 at about 7.30 p.m. informant Satyendra Thakur was sitting in his Baithka alongwith his father Karmadeo Thakur (deceased) and they were listening to the news bulletin of 7.30 p.m. along with informant and his father, Sharwan Singh (P.W. 9) of his village and Madan Thakur (P.W. 2) brother of the informant were also sitting in the Baithka. In the meant time accused Harihar Thakur armed with pistol, Bhajan Thakur armed with lathi, Ram Raj Thakur uparmed alongwith four unknown persons came to the Baithka of the informant and accused Bhajan Thakur assaulted the informant with lathi and the four unknown persons assaulted him and his brother with fists and lathi. Accused Harihar Thakur was abusing the informant and others and threatening them and then accused Harihar Thakur fired his pistol on the forehead of the father of the informant as a result of which he fell down and became unconscious. Thereafter the accused-persons went inside the house of the informant and took away boxes containing clothes ornaments etc. On hearing the sound of firing the people of the village came there and thereafter the accused-persons fled away making firing from their fire-arms. The informant and others took Karmadeo Thakur (father of the informant) to Nabinagar Hospital for treatment. Subsequently Karmadeo Thakur died as a result of the injuries caused to him by the accused. On the basis of the fardbeyan (Ext. 5) the formal F.I.R. (Ext. 6) was drawn in this case. After investigation police submitted charge-sheet and the learned Chief Judicial Magistrate took cognizance of the case. Thereafter the case was committed to the court of sessions for trial.