KAMLESHWAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants of Criminal Appeal No. 329 of 1994 have been convicted under Section 307/149 IPC and sentenced to RI for five years whereas the appellant of Criminal Appeal No. 342 of 1994 has been convicted under Section 307 IPC and sentenced to seven years RI and also under Section 27 of the Arms Act and sentenced to five years RI by the 4th Additional Sessions Judge, Vaishali at Hajipur by a judgment dated 22.09.1994 in S.Tr. No. 238 of 1989/125 of 1992. The case of the prosecution according to the Informant P.W. 2 is that while he was going towards his fields the accused persons variously armed surrounded him and thereafter the appellant Jai Kishun Rai fired at him on account of which he was injured. The reason for the occurrence is that there was long standing enmity between the parties.

(2.) DURING trial the prosecution examined five witnesses and filed several documents marked as Exhibits 1 to 6. The defence of the appellants was that the informant and others were committing theft of paddy on their fields and when they protested the prosecution party intended to assault them and when in course of fleeing a bomb was exploded by the prosecution on account of which the informant was injured. P.W. 1 who is the brother of the informant has given eye witness account that the appellant Jai Kishun Rai fired at P. W. 2 on the orders of appellant Ramanand Rai. However, he admitted that he was convicted and sentenced to life imprisonment in S.Tr. No. 33/83 in which appellant Ramanand Rai had deposed against him.