DINESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and the order of sentence dated 29th September, 2000 passed in Sessions Trial No. 260 of 1992/33 of 1992 whereby the 3rd Additional Sessions Judge, Nalanda at Biharsharif has found and held the appellant guilty for the offences punishable under Section 324 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for two years and further to pay a fine of Rs. 500/-, in default of which, the appellant will have to suffer three months simple imprisonment.

(2.) IT has been alleged in the First Information Report recorded by the A.S.I., Bihar Police Station that on 18.10.1991 when the informant was returning from the field, he was surrounded by six persons, named in the First Information Report, who were carrying rifles. The informant on seeing them began to flee. Chandeshwar Mahto gave an order to fire, on which the appellant Dinesh Kumar opened fire, which hit the informant on his left leg near the knee. The cause of the occurrence is a land dispute as per the First Information Report.

(3.) THE Trial Court after going through the evidence of all the witnesses has come to the conclusion that PW 1 Ramjatan Prasad, PW 2 Mahendra Prasad and PW 5 Baso Mahto were not the eye-witnesses to the occurrence. It would appear on perusal of their evidence that they came to the place of occurrence after they heard the sound of gun-shot. It is also not in doubt that all these witnesses reside near the place of occurrence. They have given consistent evidence that they found Bindeshwar Mahto, the informant, lying in the field of Ramashish Choudhary, which is situated at Gaurha Khandahah. Therefore, from the evidence of these witnesses, it would appear that the place of occurrence is established.