JAI GOVIND SINGH Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) Appellant no 1, Jai Govind Singh, and rest of the Appellants have been convicted under Section 325 of the Penal Code and sentenced to undergo rigorous imprisonment for seven years and also to pay a five of rupees one thousand each. Appellants No. 2 to 4 are dead, hence, the appeal against them is abated.

(3.) The prosecution case as alleged that while the informant was sleeping on a cot on 27.08.1987, his two sons, P. Ws. 1 and 2, awakened him and asked to flee away as Jai Govind Singh, along with his family members, is coming to kill him on which the informant lit his torch and saw Jai Govind Singh armed with gun, Rameshwar Singh armed with lathi, Jainath Singh armed with bhala, Ram Awadh Singh armed with lathi, Pradeep Singh armed with hasua and Munna armed with lathi reached. In the meantime, Jai Govind Singh fired at his son which did not hit and, thereafter, Rameshwar Singh abated and Jai Govind Singh fired which caused injury in the right arm and he fell down and there is allegation that other accused persons assaulted him by lathi and bhala and he anyhow managed to flee away and accused persons fled away.