KISHUN PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) There were originally three accused in the first information report (Exhibit-1 ). One of them, namely, Bhuar Pandey, was killed during the course of trial as may appear from the evidence of P. W.2 in paragraph 5. The trial proceeded against the two appellants, who stood charged with the deceased accused Bhuar Pandey under Sections 302/34 and 307/34 of the Penal Code. The judgment was pronounced by the learned 10th Additional Sessions Judge, Arrah, on 21st July, 1988 in Sessions Trial no.20 of 1979 and the two appellants were found guilty of committing the two offences they had been charged with. After hearing on sentence, the learned Judge directed each of the appellants to suffer rigorous imprisonment for life and rigorous imprisonment for ten years for their individual conviction under Sections 302/34 and 307/34 of the Penal Code. The above finding of guilt and sentence are being assailed by the two appellants in the present appeal.

(2.) The prosecution case is contained in the fardbayan of Nasiruddin Mian, which was recorded on 30th March, 1974 in the Government Hospital, Itarhi. It was alleged that he was bringing some articles for sale by a horse and when he had reached in front of the house of one Baban Dhobi the two appellants were seen standing nearby, who were armed respectively with Sonta (Lathi) and Bhala. Appellant Shri Kishun pandey, asked the informant, Nasiruddin Mian, to stop. He complied. In the meantime, deceased accused Bhuar Pandey appeared there with a gun and fired a shot at the informant who started running and during that course was hit by the pellets and fell down. The uncle of Nasiruddin Mian came to lift him. The second shot was fired by Bhuar Pandey and that hit Suleman Mian, the uncle of the informant. The mother of the informant was also hit by pellets.

(3.) Both the informant and injured Suleman Mian were brought to Itarhi Government Hospital where they were admitted for being treated and during that course Suleman Mian breathed his last in the hospital.