JAI KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Being aggrieved by and dissatisfied with the order of sentence dtd. 1/7/2019 passed by the learned Fast Track Court No. 2, Patna in Sessions Trial No. 1188 of 2010/16 of 2018 arising out of Bikram P.S. Case No. 207 of 2009, the appellant has preferred the present appeal under the proviso to Sec. 372 of the Code of Criminal Procedure (for short 'CrPC').

(2.) The appellant herein Jai Kumar submitted a written report to the Officer-in-charge of Bikram Police Station on 24/11/2009 alleging therein that in the evening, at about 4 p.m., when he and his younger brother Luv Kumar were going to their paddy field situated behind the school, the respondent no.2 Satya Narayan Sharma asked them not to use the approach road made for going to the school. When he asked from him the reason for the same, Satya Narayan Sharma abused him and exhorted his sons, namely, Ravish Kumar @ Mani @ Ravish Kumar @ Tinku (respondent no.3) and Manish Kumar, who were sitting near temple to kill him and his brother. When his sons did not open fire, he himself took out his pistol shot at his brother Luv Kumar. Thereafter, Ravish Kumar shot at Luv Kumar. Immediately, thereafter, Manish Kumar also shot at his brother Luv Kumar causing injury to him. They assaulted him and his mother too. When his elder brother came running, the accused persons fled away riding motorcycle. His brother died on the spot after receiving three injuries caused by firearm. In his written report, the informant Jai Kumar stated that the accused persons wanted to block the approach road leading to his land by raising boundary wall.

(3.) On the basis of the aforesaid information, the SHO Bikram Police Station registered Bikram P.S. Case No. 207 of 2009 dtd. 24/11/2009 under Ss. 302, 307, 324, 323/34 of the Indian Penal Code (for short 'IPC') as well as 27 of the Arms Act. He himself took up investigation of the case. During investigation, he recorded the subsequent statements of the informant, inspected the place of occurrence, prepared the inquest report, sent the corpse for post mortem examination and the injured persons for treatment to the Sadar Hospital Bikram, received the post mortem report and on completion of investigation submitted charge-sheet against the accused Satya Narayan Sharma and Ravish Kumar and kept the investigation pending as against the accused Manish Kumar.