MAJIDAN MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have been convicted under Section 307 I.P.C. and sentenced to rigorous imprisonment for 5 years whereas the appellant nos. 1 and 2 in addition have so been convicted under Section 27 of the Arms Act and sentenced to 2 years rigorous imprisonment by judgment dated 26.5.1994 passed in Sessions Trial No. 132/91 by the Additional District and Sessions Judge II, Buxar,

(2.) The case of the prosecution is that the informant awoke on the sound of the accused entering into his dalan and, thereafter, the appellant no. 2 is said to have fired at his chest whereas the appellant no.1 is said to have fired at his temple.

(3.) Another version about the same occurrence had been given by the grand mother of the informant and injured Yasin in which the place of occurrence described was different from one which had been described by the informant.