KANHAIYA PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been found guilty for the offences under Section 307 of the Indian Penal Code and has been awarded punishment to undergo rigorous imprisonment for five years, he has also been sentenced to undergo rigorous imprisonment for five years under Section 27 of the Arms Act.

(2.) The prosecution case, in short, is that Ram Chandra Upadhyay (PW 5) on 21.12.1981 was feeding his cattle when the named accused persons in the First Information Report, who were 8 in numbers, came variously armed. It is said that the appellant was carrying a country-made gun whereas the others were armed with farsa. They came to the door-step of the informant and were removing his hut from the place of occurrence. It is alleged that the appellant fired at Ram Chandra Upadhyay, which missed him and hit Dhanjyoti Devi, mother of Kapildeo Singh. It is further alleged that the other accused persons started throwing bricks on Ram Chandra Upadhyay, which hit the ankle of his leg.

(3.) In this case, seven witnesses have been examined on behalf of the prosecution, whereas Dr. Hari Shankar Prasad Verma, Civil Assistant Surgeon has been examined as Court Witness No. 1. The informant Ram Chandra Upadhyay (PW 5) has supported the prosecution version of the occurrence and has alleged that the appellant fired at him, which did not hit him rather the pellets hit Dhanjyoti Devi, PW 3. The reason for the occurrence is that there is a land dispute between the informant and Ram Swaroop. It has also come in evidence that earlier an occurrence had taken place in which Ram Chandra Upadhyay was injured and the appellant and others were punished. Kanhaiya lost his hand wrist downwards in the said occurrence. The immediate cause for the occurrence as per the statement of the informant is that his goats had entered in the cauliflower field of Ram Swaroop and destroyed it.