(1.) PROSECUTION case initiated on Fardbeyan of one Nagina Sao is that on 13.8.1988 at about 9.00 PM informant after leaving his younger son at the shop proceeded towards his house along with Laxmi Sao, his Samdhi's father. He reached near the house of Shobha Singh and saw this accused appellant talking with Shiwan Mistry. Appellant Nirmal Kahar moved ahead which the informant expected that he was going somewhere but after covering a short distance he shot a firing aiming the informant which hit his chest and another shot was also attempted but was caught. Any how he escaped and fled towards west. Some noise was made pressing his chest by the informant, he came his home and fell down, thereafter taken to Hospital where his statement was recorded.
(2.) IT is stated that appellant Nirmal Kahar was roaming near the shop of Shiwan Mistry but informant Patna High Court CR. APP (S3) No.256 of 1999 dt.05-01-2012 2 was not suspecting for the same. Difference was prevailing in between the informant and Shiwan Mistry and so he has been suspected for getting the incident occurred.
(3.) IN the result, the appeal is partly allowed on the point of sentence only that (sentence) is modified and minimized to the period already undergone by the appellant. He is exonerated from the liability of fine imposed by the trial court also.