KUNJ BIHARI PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two appeals arising out of judgment delivered on 06th March, 2003 in Sessions Trial No. 381 of 2001 passed by learned Sessions Judge, Rohtas at Sasaram, wherein the Appellants were charged under Section 302/34 of the Indian Penal Code and Appellant Kunj Bihari Pandey was also specifically charged under Section 302 of the Indian Penal Code and 27 of the Arms Act and accordingly, they have been convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/- each for the offences under Sections 302 and 302/34 of the Indian Penal Code and total amount are directed to be awarded as compensation to the wife of the deceased and in case of failure they are to suffer additional term of one year rigorous imprisonment besides Appellant Kunj Bihari Pandey was further sentenced to undergo rigorous imprisonment for seven years under Section 27 of the Arms Act.

(2.) Prosecution case in brief as reveal from Exhibit-2 i.e. fardbeyan of P.W. 10 Sheo Kumar Singh recorded at 11.00 p.m. on 12.12.2000 in presence of P.W. 2 Umesh Sah and P.W. 1 Awadh Ram at Refaral Hospital, Nasriganj by P.W. 11 Shabbir Ahmad, Officer-In-charge of police station, Nasriganj is that at about 7.30 p.m. the informant while taking his meal came out of the house on hearing sound of firing could learnt that Doman Singh has been injured. Immediately he arrived in the lane Popularly known as kirana shop lane of Babloo Pandey found his brother Doman Singh lying on earth. Sister-in-law of the informant i.e. widow of deceased Prabhawati Devi (P.W. 5) also arrived there besides villagers. The informant brought the injured brother near the house of Ram Lakhan Pandey in the lane where in presence of all he narrated that while he (injured Doman Singh) was coming after taking meal from the house of Deorajo Devi P.W. 8 and arrived in the lane opposite house of Babloo Pandey. Appellant Kunj Bihari Pandey by small fire arm with his brother Murari Pandey (absconding) and neighbour Lal Babu Pandey, Appellant shot at Doman Singh in his left arm pit from close range and further his injured brother requested to remove otherwise he may not survive. For better appreciation the alleged utterances made by Doman Singh as Mentioned in Exhibit-2 in verbatim reads as such:

(3.) On basis of the above fardbeyan Nasriganj Police Station Case No. 175 of 2000 was registered on 13.12.2000. The police after investigation submitted charge-sheet in two phases against the Appellants and brother of Appellant Kunj Bihari Pandey, co-accused Murari Pandey who is as submitted still absconding. Consequently, trial proceeded against the two Appellants and resulted into their conviction and sentence in the manner aforesaid giving rise to present two appeals. Former appeal i.e. Criminal Appeal No. 143 of 2003 has been preferred by Lal Babu Pandey, whereas Kunj Bihari Pandey is the Appellant in latter appeal i.e. Criminal Appeal No. 210 of 2003.