RAMJI RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the three Appellants have been convicted under Section 307 IPC and sentenced to RI for seven years whereas Appellant No. 3 has further been convicted under Section 326 IPC and 27 Arms Act and sentenced to RI for seven years and one year respectively by the 3rd Assistant Sessions Judge, Bhojpur at Arrah in S. Tr. No. 670 of 1992 by a judgment dated 08/09.04.1997.

(2.) The case of the prosecution according to the informant is that on 01.01.1992 at about 7 A.M. a hot exchange of words took place between the parties over money transaction. Later when the informant was returning to his house suddenly the Appellants came there and chased him where after the Appellant No. 3 fired at him which hit one Angad Rai who was standing at his door. The rest of the two Appellants were allegedly instigating Appellant No. 3.

(3.) During trial the prosecution examined six witnesses out of whom P.W. 1, Angad Rai is the injured whereas P.W. 4, Barmeshwar Rai is the informant. P.W. 5 is the Doctor who examined the injured whereas P.W. 6 is a formal witness who has proved the case diary. P.W. 2 and P.W. 3 are eye witnesses who were close relative of the informant.