AJAY KUER Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted for the offence under Section 302, IPC and sentenced to undergo imprisonment for life. He has further been convicted for the offence under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for seven years. The appellant has also been directed to pay a fine of Rs. 10,000/- for the offence under Section 302, IPC and Rs. 2000/-for the offence under Section 27 of the Arms Act vide judgment and order dated 15.4.1995/18.4.1995 passed by 5th Addl. Sessions Judge, Muzaffarpur in S.T. 30/92.

(2.) One Prabhat Kumar gave his fardbeyan on 7.9.1990 at 10.30 p.m. that on 4.9.1990 at about 9 a.m. he was returning after tuition, when he reached Jagaria chowk at about 9.15 a.m. he heard sound of firing and as such he out of curiocity turned towards Mangurahia village. He saw two motor cycles coming in speed towards Jagaria chowk, one of which was numbered B.P.F. 4777. On the said motor cycle Raja Mangal Kuer and his son Ajay Kuer, the appellant were sitting. They were nervous. Raj Mangal Kuer had a gun in his hand. On the second motor cycle three persons were sitting but he could not identify them. He along with others proceeded to Mangurahia village. When he reached near the bridge he found his father lying in injured condition by the side of the road. His motor cycle was also lying there. His younger brother came and disclosed that Raj Mangal Kuer and his son Ajay Kuer had fired at his father and were fleeing away towards Jagaria chowk. He with the help of others took the injured to Sri Krishna Medical College & Hospital, Muzaffarpur. His condition was serious and as such he was referred to Patna Medical College & Hospital, where his treatment was going on but his condition was serious. Since he was engaged in treatment there was delay in giving information to the Police. Raj Mangal Kuer and Ajay Kuer are his co-sharers. They with the intention to kill his father had fired causing injury to him.

(3.) On the aforesaid fardbeyan a formal First Information Report was drawn and investigation was taken up. After completion of investigation, charge-sheet was submitted against two persons, namely, the appellant and Raj Mangal Kuer. The court took cognizance of the case and committed the case to the Court of Sessions for trial. The trial Court acquitted Raj Mangal Kuer, however, convicted the appellant as indicated above.