BABBAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Altogether twelve accused persons faced trial in Sessions Trial No. 531 of 2008 corresponding to Harnaut P.S. Case No. 97 of 2006 before the learned Fast Track Court No. 1, Nalanda for offences under Sections 147, 148, 447/149, 307/149 and 307 I.P.C. as well as under Section 27 of the Arms Act. The eleven were acquitted of all the charges on the very same evidence and the sole appellant was convicted under Section 307 I.P.C. and 27 of the Arms Act by the impugned judgment of conviction dated 04.12.2017. By order of sentence dated 06.12.2017 the appellant was awarded ten years rigorous imprisonment and a fine of rupees fifty thousand for offence under Section 307 I.P.C. In default of payment of fine, one year rigorous imprisonment was ordered. For offence under Section 27 of the Arms Act, three years rigorous imprisonment was awarded along with fine of rupees one thousand. In default of payment of fine, two months rigorous imprisonment was ordered.

(2.) The prosecution case as disclosed in the written report submitted by PW-4 Gajendra Prasad Singh is that on 11.06.2006 voting for Panchayat election was going on in village Laluadih P.S. (Telmar O.P.) Harnaut District Nalanda. The informant was sitting at his Dalan along with Shiv Shankar Singh (PW-2), Sudhir Singh (PW-5), Murli Manohar Singh (PW-1) and other villagers. At about 11:30 A.M., Mukhiya candidate Deshraj Singh Chauhan @ Dharmendra Singh along with his supporters (the twelve accused persons who faced trial) variously armed came to the Dalan (outer house of the informant) and exhorted others to kill Mukhiya i.e. PW-4. On that co-accused Dharmendra Singh fired at the informant but the informant hide himself behind a pillar. Others who were sitting there started fleeing. Then the appellant Babban Singh @ Daddan Singh, carrying a pistol, fired causing injury at the left eye of Shiv Shankar Singh (PW-2). Shiv Shankar Singh fell down and all who were firing returned to their house.

(3.) After investigation, the police submitted charge sheet and accordingly, the appellant and others were put on trial.