MUNNA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant Munna Singh has been convicted under Section 307/452/148 I.P.C. and sentenced to rigorous imprisonment for 4 years, 6 months and 1 year as also under Section 27 of the and sentenced to rigorous imprisonment for 1 year whereas the Appellants of Cr. App. No. 174 of 1994 have been convicted under Section 452, 148 I.P.C. and sentenced to rigorous imprisonment for 1 year and 6 months respectively, whereas the Appellant No. 1 has been convicted under Section 27 of the Arms Act and sentenced to 1 year rigorous imprisonment and Appellant No. 5 under Section 323 I.P.C. and sentenced to 6 months rigorous imprisonment by the judgment dated 31.5.1994 passed by learned Ist Additional Sessions Judge, Patna in Sessions Trial No. 243/1980.

(2.) The case of the prosecution is that on account of land dispute between the parties on the night of 13/14-11-1993 the accused persons entered into the house of the informant and the Appellant Munna Singh allegedly fired at the right thigh of Ramchandra Singh P.W.4 where as rest of the accused persons assaulted other injured persons.

(3.) The prosecution to prove its case examined 7 witnesses out of whom P.W.5 is the informant and P.W.4 is the nephew of the informant and both of them are injured whereas P.W.3 is the brother of the informant and P.W.2 is the cousin of the informant and P.W.1 is the father-in-law of uncle of P.W.5 and P.W.6 is formal witness whereas P.W.7 is the doctor who examined two injured.