FUCHO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the counsel for the Appellant and the State.

(2.) The Appellant has been convicted under Section 307 of the Penal Code and sentenced undergo rigorous imprisonment for ten years and a fine of Rs. 5,000/- and in default of payment of fine, further, to undergo rigorous imprisonment for three months and has further convicted to undergo rigorous imprisonment for five years for offence under Section 27 of the Arms Act.

(3.) The prosecution case, as alleged by the informant that on 28.08.1995 at about 02.00 p.m. while his cousin, Ajay Singh, was going to Barauni on scooter and Raj Kishore Singh was sitting behind him when reached north of Barauni Flag Gumti near temple of Bajranbali, Ajay Singh stopped and got down from the scooter and went to cobbler for polish of his slipper. It is alleged that in the meanwhile Fucho Singh and Ghuttar Singh, sitting near the temple, fired from pistol one after another at Ajay Singh with intention to kill him and fled away. The treatment of Ajay Singh was done in the clinic of Dr. Ram Asharay Singh from where he went to the clinic of Dr. Ashok Kumar Sharma. On the fardbeyan the first information report lodge and after investigation charge sheet submitted, cognizance taken and the case was committed to the Court of sessions.