BAHADUR RAY AND ANR. Vs. STATE OF BIHAR

JUDGEMENT

(1.) Written report of Md. Mohsin Ali, A.S.I., Chiraiya camp has been made basis for F.I.R. which in brief is to the effect that on 22.9.1995 at about 10.00 AM one Baleshwar Choudhary came to Chiraiya camp-Hat and gave a written report about commitment of cognizable case under sections 143, 144, 427, 307 and 353 of the Indian Penal Code and section 27 of the Arms Act. In response to the information, Police party rushed for the place of occurrence along with Havildar Nepal Singh, constable Sirajuddin Khan, Anup Das, Shivmuhi Singh, Ramchandra Yadav, Soman Kumar Singh and Pramod Kumar Singh. Chanchur Paswan and Sahdeo Paswan Chaukidar s son and a villager of Chiraiya were also accompanying the Police Party. They reached the Bandh at 11.00 AM, assembled mob resorted to indiscriminate firing at the Police Party despite their disclosure that they were members of Police force and had reached there to enquire about the happenings but were not listen to the members of Police Force and continued with firing which was replied by firing by constable Sirajuddin Khan to scare the members of unlawful assembly and to save the lives of members of Police force. The members of unlawful assembly left the place but Police party succeeded in catching hold of Bahadur Ray and Pashupati Ray appellants of the case with country made Pistol along with live and empty cartridge without any authority. Both the appellants were arrested, country made Pistol along with live and empty cartridge were seized. The seizure list was prepared in presence of two independent witnesses namely Sahdeo Yadav and Laxmi Bhagat.

(2.) It is further said that both the appellants confessed their guilt. After concluding the trial, the case is ended in conviction and sentence to the appellants.

(3.) Learned counsel appearing for the appellants pressed the case on the point of sentence only. According to him, both the appellants namely Bahadur Ray and Pashupati Ray are sentenced to undergo R.I. for three months each for the offence under section 353 of the Indian Penal Code, R.I for three months each for the offence under section 147 of the Indian Penal Code, R.I. for one year each for the offence under section 25(1-B) of the Arms Act along with a fine of Rs. 500/- and in default thereof to undergo R.I. for two months each. They are also sentenced to undergo R.I. for six months for the offence under section 26 of the Arms Act and a fine of Rs. 500/- each, in default of which further to undergo R.I. for one month and to run all the sentences concurrently.