KAPILDEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant No. 1 has been convicted under Section 307/324 of the Indian Penal Code and Section 27 of the Arms Act and sentenced to rigorous imprisonment for five years, one year and another one year under each count whereas the rest of the Appellants have been convicted under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act and sentenced to rigorous imprisonment for five years and one year respectively by the 1st Additional Sessions Judge, Arrah, in Sessions Trial No. 142 of 1986 by a judgment dated 24.1.1996.

(2.) The case of the prosecution is that on 3.3.1985 the accused persons variously armed came to the house of the InformantShanti Devi (PW-4) and altercated with her over a simple matter which led to a firing by them which hit her on the left leg.

(3.) The defence of the Appellant was that for the same occurrence, one Jagdishpur P.S. Case No. 31 of 1985 has been instituted by one Rameshwar Paswan according to which one Faujdar Mahto had fired at Rameshwar Paswan which had hit the Informant when she had wanted to save Rameshwar Paswan. This case has been brought by the defence as Exhibit-A.