BIRJU CHAUHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) The appellant has been convicted for offence under Section 307 I.P.C. and sentenced to undergo rigorous imprisonment for three years and further convicted for offence under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for three years.

(3.) The prosecution case as alleged by the informant Kailash Chauhan that on 19. 09. 1994 at about 7 A.M. he was digging foundation of putting wall of the house which was fallen down then Birju Chauhan armed with gun and other accused persons all nine in number came and protested the digging of the foundation on which the informant retorted that he was digging foundation in his own land on which Jagdish Chauhan ordered then Birju Chauhan fired causing injury on his chick, forehead and near the ear. Blood started oozing out. It is further alleged that Jagdish Chauhan, Rajo Chauhan, Pyare Chauhan, Shree Chauhan, Gorey Chauhan and others assaulted by lathi, pana and brick bat and co-villagers Kauleshwar Chauhan and Karu Chauhan has seen the occurrence.