NAND KISHORE SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred by the sole appellant. against the judgment dated 16.11.2005, passed by the Additional Sessions Judge, Fast Track Court No. V, Hajipur, Vaishali, in Sessions Case No. 257 of 1997(Bidupur P.S. Case No. 04 of 1996) whereby the sole appellant was held guilty under Section 302 of the Indian Penal Code and was sentenced to undergo imprisonment for life with a fine of Rs. 3,000/- and in default to undergo further Simple Imprisonment for six months.

(2.) THE prosecution case relates to an occurrence which took place in the night on 03.01.1996 when the informant's husband, Achuta Nand Giri was taking his meal. At that very time, Laxmi Chaudhary (another accused) and the present appellant came and called the deceased for the purpose of resolving the money matters. Laxmi Chaudhary has borrowed Rs. 2,000/- from the Gramin Bank, Chaksikandar, in the name of the informant's elder brother-in-law, Bechan Giri, 15 years earlier. In that case, due to non-payment ofloan, warrant was issued and so the informant's husband expected that the matter should be resolved. Prior to that, in that connection hot discussions had taken place in between Laxmi Choudhary andthe husband of the informant. When the informant's husband(deceased) went with the accused persons, the informant followed. When her deceased-husband reached near the house of Bhuvaneshwar Giri, then the appellant Nand Kishore Sah fired uponthe chest of the informant's husband from country made pistol and blood started oozing from his chest. THE injured (deceased) was brought to Bidupur Hospital, where he was declared dead. THEreafter, a case under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act was instituted. After investigation, charge sheet was submitted under the aforesaid Sections and cognizance was taken and the case was transferred to the Judicial Magistrate, Ist Class, who after completing all paraphernalias committed the case to the court of Sessions where charge was framed and the same was explained to the appellant who pleaded innocence. Hence the trial commenced.

(3.) THE only two material witnesses have been examinedon behalf of the prosecution.