HARENDRA KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Anjana Prakash, J. Both the Appellants have been convicted under Section 307/34 I.P.C. and sentenced to rigorous imprisonment for 5 years as also under Section 27 of the Arms Act and sentenced to undergo for 2 years by the learned 3rd Additional Sessions Judge, Kaimur at Bhabhua in Sessions Trial No. 397/173 of 1993 by the judgment dated 17.7.1995.

(2.) The case of the informant Mahavir Singh is that while he was traveling on train on 18.1.1993 the accused persons sat by his side and thereafter, the Appellant Harendra Kr. Singh is said to have assaulted him on the gun and two other accused namely Pappu Kr. Singh and Bipin Kr. Singh are said to have fired upon the informant where after, they fled away.

(3.) The prosecution in all examined 10 witnesses out of whom P.W. 1 is a formal witness who had merely submitted the charge sheet whereas P.W.9 is the doctor who issued discharge certificate with regard to the informant Mahavir Singh, P.W. 8 is the Investigating Officer, P.W. 7 is also medical officer who had examined the injured Mahavir Singh on 18.01.1993, P.W. 6, 4, 3 and 2 are on the point that they had seen the injured informant and he had disclosed the names of the accused persons to them, P.W. 5 is the informant.