BISHRAM SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Out of the eleven accused persons named in this case ten have been acquitted by the Court below. The sole appellant Bishram Sharma has been convicted under Section 324 of the Indian Penal Code to undergo rigorous imprisonment for three years and rigorous imprisonment for one year under Section 27 of the Arms Act by the 2nd Additional Sessions Judge, Jehanabad in Sessions Trial No. 169 of 1995/13 of 1994.

(2.) The case has been instituted by Sheo Ram Prasad on 9.12.1985 at 11.30 a.m. at Jehanabad Hospital for an occurrence which took place on 08.12.1985 at 7 p.m.

(3.) The prosecution case is that the informant along with Deena Nath Yadav and Bhubneshwar Yadav was going towards the cabin of Sheo Ram Prasad, when they came across the eleven named accused persons armed with guns who fired upon them. It is said that it was a dark night however, since they were carrying lantern and torches, they were able to identify the accused persons and also identified the accused who had opened fire. It is alleged that Hari Singh and Surendra Singh fired at the informant which hit his right hand, right leg and right side of his body. Prem Prakash is said to have fired on Dayananand whereas Binod Sharma and Bishram Sharma (appellant) fired on Bhuneshwar, hitting his elbow and stump. The motive as disclosed for the occurrence is that the accused persons had asked the appellant to participate in forming a co-operative, which the appellant refused, as a result of which the occurrence had taken place.