LAXMI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant has been convicted by the 1st Assistant Sessions Judge, Sitamarhi, S.Tr.No.173 of 1986 /41 of 1987 by Judgment and order dated 15.7.1994 under section 307/148 of I.P.C. and sentenced him to undergo R.I. for 10 years and 2 years respectively and section 27 of Arms Act and sentenced him to undergo R.I. for 5 years.

(2.) The case of the prosecution is that on 14.6.1986 while the informant was standing at the door of courtyard she found injured Birendra Singh running towards his door who stated that the appellant had fired at him and he fell down. Thereafter other co - accused Jai Chandra, Shiv Chandra and the son -in -law of Kailash Singh started to pull him away but they were prevented from doing so.

(3.) The prosecution to prove its case examined in all 11 witnesses. P.W.9 is the informant. P.W. 7 is the injured, Birendra Singh whereas P.W. 6 is a relative of the informant and P.W. 10 is the doctor while P.W. 11 is the investigating officer. P.W. 3 and 4 are seizure witnesses P.W. 2 and 5 have been tendered and P.W. 1 has been declared hostile.