RAM BILAS MAHTON Vs. STATE OF BIHAR

JUDGEMENT

(1.) STATEMENT /Fardbeyan of Singheshwar Prasad alias Nepali Mahton P.W.10 has been made basis for F.I.R. which, in short, is that on 1.7.1991 at about 11.00 he along with his father Paro Mahton, brother Prakash Mahton and mother was in his Khalihan, arranging the straw, his cousin Ram Bilas Mahton came with a country made Pistol and shot firing on his brother Prakash Mahton which hit his chest. He fell down. Ram Bilas Mahton thereafter fled from there. It is said that a short while ago his brother and Ram Bilas Mahton had quarreled on the question of arranging straw. Khalihan of both parties are side by side after partition of land. His brother was taken to Lakhisarai for treatment.

(2.) AFTER the trial, conviction and sentence under section 307 of the Indian Penal Code is recorded against accused appellant by passing the impugned judgment and order validity of which has been questioned through filing this appeal.

(3.) P .Ws 1 and 2 are formal witnesses. P.W.11 is doctor who examined the victim. Rest of the witnesses are there to state about taking place of incident specifying firing of shot by accused appellant hitting chest of victim P.W.9.