RAMESHWAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction dated 03rd March, 2000 and the order of sentence dated 07th March, 2000 passed in Sessions Trial No. 413 of 1993/272 of 1996 by the 1st Additional Sessions Judge, Kaimur at Bhabhua whereby the Trial Court and found and held the appellants 1 and 2 guilty for the offences punishable under Section 307 of the Indian Penal Code and Section 27 of the Arms Act and sentenced them to undergo rigorous imprisonment for five years each under Section 307 of the Indian Penal Code and six months each under Section 27 of the Arms Act and further directed the appellants 1 and 2 to pay fine of Rs. 5,000/- each, failure to pay the fine would entail rigorous imprisonment for three months each. Further, the Trial Court has found and held the appellants 3, 4 and 5 guilty for the offences punishable under Sections 307/149 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for three years each and also to pay fine of Rs. 2,000/- each, failure to pay the fine would entail rigorous imprisonment of two months each. All the sentences were to run concurrently.

(2.) The occurrence took place on 27th December, 1992 between 8-9 PM. Badshah Ansari who is the injured in this case gave his fardbeyan before the Sub-Inspector of Police, Mohania Police Station on 28.12.1992 at about 10 AM in the Referral Hospital, Mohania. In his fardbeyan, he disclosed that he was sitting near his diesel pump and was irrigating the field of Dinanath Tiwari (PW 3) and Vijay Tiwari (PW 4). They were burning some hay and a Dibia was also burning nearby. In the mean time, it is alleged that Rajendra Tiwari, Rameshwar Pandey, Ramanand Tiwari, Chhotan Tiwari and Gopal Tiwari came to the field and Ramanand Tiwari and Rameshwar Tiwari caught hold and dragged the informant after pressing his mouth in order to prevent him from raising an alarm. After the accused persons dragged the informant for about one kilometer and reached near the field of Dharmu Singh, Rajendra Tiwari was following them with a torch and a bamboo stick. Ramanand Tiwari is said to have fired which hit the injured on his upper left arm whereas, the appellant Rameshwar Pandey is said to have fired which hit the informant on left temple. The informant fell down. The accused persons believing him to be dead left the place of occurrence. After sometime, the informant managed to get up and somehow reached his house. No motive has been disclosed in the First Information Report regarding the occurrence.

(3.) Altogether nine witnesses have been examined in this case by the prosecution. PW3 Dinanath Tiwari and PW 4 Vijay Tiwari have been declared hostile whereas PW 5 Kayamuddin Ansari has been tendered for cross-examination. PW1 Rahman Ansari is the father of the informant whereas PW 2 Rahim Ansari is the brother of the informant. PW 6 Riyazuddin is the cousin brother of the informant. PW 7 Badshah Ansari is the informant and injured of this case. Dr. Binay Bahadur Sinha who has examined the injured has been examined as PW