SANJAY SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant has been convicted u/s. 324 I.P.C. and 27 of the Arms Act and sentenced to R.I. for two years under each count by a judgment dated 23.8.1994 passed by the Additional Sessions Judge II, Patna in Sessions Trial No.763 of 1989. The prosecution case is that on 11.8.1988 an altercation arose between the parties which escalated to the extent that the appellant came with the pistol and fired at the informant, on account of which she was hurt in both the legs. The prosecution has examined eight witnesses in all. Out of whom, P.W.1, P.w.4 and P.W.5 are alleged to have come right after the occurrence, whereas the P.W.2 is the informant. P.W.8 is a formal witness and P.W.3 and P.W.6 are non-F.I.R. eye witnesses and P.W.7 is the doctor, who examined the injured. On going through the evidence of the material witnesses, I find that the genesis of the occurrence has not been enumerated by the prosecution and there is no objective evidence with regard to recovery of the pellets from the place of occurrence. The place of occurrence as described P.W.4 and P.W.5 was not accessible to the accused persons and, therefore, it is difficult to accept that the appellants were present at the place of occurrence on the day described. Further, it also appears that all the eye witnesses belonged to the same family and not a single independent witness has been examined. The fact of land dispute between the parties is not denied.

(2.) In the conclusion, this appeal is allowed and the order of conviction and sentence passed against the appellant on 23.8.1994 passed by the Additional Sessions Judge II, Patna in Sessions Trial No.763 of 1989 is set aside.