MUKUNDEO RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellants and learned counsel for the State.

(2.) THIS appeal is against judgment dated 30. 03. 1996 passed in Sessions Trial No. 78 of 1990/12 of 1991 by which Appellant No. 1, Mukundeo Rai has been convicted under Section 307 of the Indian Penal Code and Section 27 of the Arms Act and sentenced to under undergo rigorous imprisonment for ten years under Section 307 of the Indian Penal Code. However, no separate sentence was passed under Section 27 of the Arms Act. Appellant No.2 and 3, namely, Janardan Rai and Kapildeo Rai have been convicted for the offence under Section 323 of the Indian Penal Code and each have been sentenced to undergo rigorous imprisonment for six months.

(3.) HOWEVER, P.W. 6 in his evidence has stated that on 17. 02. 1989, he went to Kanutola at 8 P.M. to call labourer then accused Kapildeo Rai, Mukundeo Rai and Janardan Rai assaulted him by slaps and fists. They were telling that it was he who has creating trouble in getting the possession over the land. When he makes hulla then accused Mukundeo Rai assaulted by pistol which hit his right chest. The witnesses and other villagers took him to his house and then on Matador he was taken Sadar Hospital, Begusarai, where his statement was recorded by the Daroga. Thereafter, he was sent to Patna. HOWEVER, evidence against the statement recorded in the Fardbeyan which has been marked as Ext.