JANARDAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT Janardan Singh has preferred the above noted interlocutory application for suspending the order of conviction which was recorded by the Presiding Officer of Fast Track Court I, Gaya, in Sessions Trial No. 118 of 2007/190 of 1999 against him, which is being challenged in the present appeal.

(2.) APPELLANT Janardan Singh was tried along with others for charges under various sections including Sections 307, 302/149 of the Indian Penal Code and Section 27 of the Arms Act. After being found guilty of committing offence under Sections 302 read with Section 149 of the Indian Penal Code, the appellant was directed to suffer rigorous imprisonment for life. No separate sentence was passed either under Sections 307/149 of the Penal Code or Section 27 of the Arms Act by the learned Trial Judge.

(3.) THE case in which the appellant stood convicted and sentenced, as indicated at the very out set of the present order, related to an incident dated 4.7.1996 in which a mob of persons including the present appellant variously armed with country made rifles, guns, garansa, lathis, etc. came to the house of the informant and started firing shots. The informant raised a hulla upon which his brother Surendra Singh and his father Bodh Narayan Singh came there so as to rescuing his family members and the informant as well: The accused persons surrounded the informant and others, like his brother and father. The informant and his family members also attempted to repel the attack and in that attempt some of the accused persons also received some injuries. The attempt by the informant and his family members to repel the attack was imperative as the accused persons appeared bent upon killing him and his brother and son. The informant and his family members were attacked by the appellant and others as a result of which Awadhesh Singh and Bodh Narayan Singh fell down at the place of occurrence after receiving gun shot injuries. His brother Awadhesh Singh had received severe and grievous injuries and while he was being shifted to the Primary Health Centre, Wazirganj, for treatment he died in the way. Other injured persons were referred by the Doctor to Bodh Gaya and Bodh Narayan Singh, another injured also died. The informant stated that he also received injuries on account of the shot fired by the present appellant.