RAM BALI PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) RAM Bali Prasad, the sole appellant, the this appeal has assailed the judgment dated 1.9.1997 and order dated 3.9.1997 of 7th Additional Sessions Judge, Nalanda at Biharsharif in Sessions Trial No. 354/95 convicting and sentencing him to undergo RI for life under Section 302 of the Indian Penal Code fin short, IPC) and RI for 5 years under Section 27 of Arms Act and ordering both the sentences to run concurrently.

(2.) THE prosecution case, in short, is that on 18.4.1995 at about 9.30 a.m. an altercation took place between the informant Ram Bachan Prasad (PW 5) and the appellant when appellant who has got his house adjacent to the house of informant was constructing a brick wall just adjacent to the land of informant. When Siya Ram Prasad, son of informant, came there the appellant went running to his house and brought a country made rifle and fired hitting on the left side of the chest of Siyam Ram Prasad who fell down and died at the spot and appellant fled away towards his house. Fardbayan of informant on the same day at about 11.20 a.m. was recorded by S.I. Ram Raj Ram (PW -7) at the 'Dalan' of Ramjee Prasad (PW -4) and case under Section 302IPC and 27 Arms Act was registered against the appellant.

(3.) IN order to prove its case the prosecution has examined seven witnesses. Ram Bali Prasad (PW -5) is informant. Mahadeo Dubey (PW -6) is a doctor who had held autopsy on the dead body of deceased. Ram Raj Ram (PW -7) is the I.O. in this case. Shyam Bihari Prasad (PW 1), Ram Bilas Prasad (PW 2), Indradev Prasad (PW 3) and Ramjee Prasad (PW -4) are said to be the eye witnesses to the occurrence.