SANJAY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant in this case is seeking setting aside of the judgment of conviction dtd. 19/12/2015 and the order of sentence dtd. 2/1/2016 passed by learned Addi-tional Sessions Judge " I, Gopalganj in Sessions Trial No. 370/2007/Registration No. 1974/2013 arising out of Vijaipur P.S. Case No. 74 of 1994 dtd. 21/9/1994 registered for the offence under Ss. 302/34, 201 and 379/34 of the Indian Penal Code ('I.P.C.') read with Sec. 27 of the Arms Act.

(2.) By the impugned judgment and order the appel-lant has been convicted for the charges under Sec. 302/34 of the Indian Penal Code and Sec. 27 of the Arms Act and has been ordered to undergo life imprisonment and to pay a sum of Rs.10,000.00 as fine. On failure to deposit the fine the appellant shall be liable to undergo an additional period of six months. For the offence under Sec. 27 of the Arms Act he has been sentenced to undergo three years of imprisonment and a sum of Rs.5,000.00 as fine, in case of failure to deposit the fine he would be required to undergo imprisonment for an additional period of three months. Both the sentences are to run concurrently.

(3.) The First Information Report (Exhibit-4) has been lodged on 21/9/1994 at 1:30 P.M. by one Chandrashekhar-Gupta, son of Faujdar Gupta resident of the village- Rasulpur, P.S.-Vijaipur, District " Gopalganj. The Sub-Inspector cum Officer-in-Charge (P.W.8) has recorded fardbeyan at 1:30 P.M. on the alleged place of occurrence (P.O.) which is said to be 'RasulpurSarehJogibabaAsthan'. In his fardbeyan the in-formant alleged that at about 8:30 A.M. on the same day he along with his brother Subhash Chandra Gupta (deceased) and nephew Bhola Gupta left for his native village Rasulpur as they heard that flood water had entered into their house. His brother Subhash Chandra Gupta was carrying his licensee ri-fle whereas the informant was himself carrying a single bore licensee gun. At about 9:00 A.M. when they reached near 'Ra-sulpurSarehJogibabaAsthan', his brother Subhash Chandra Gupta stopped there watching the fishermen who were in-dulged in fishing. At this stage, it is alleged that in the mean-time (1) Vijay Singh, son of Jangbahadur Singh lashed with rifle (2) Vishwanath Singh son of Jangbahadur Singh with ri-fle (3) Sanjay Singh, son of late Shivnath Singh with rifle (4) Rajesh Singh, son of Vishwanath Singh carrying a single bore gun, all resident of village SaroopaiTolaKhape, P.S. " Vijaipur (5) Bharat Shahi, son of not known with rifle (6) Dharmen-draShahi, son of Bharat Shahi having one single bore gun, resident of village " Saraura P.S. KotwaliDewariya, District " Dewariya, Uttar Pradesh (7) Ramakant Shah, son of Radha Shah carrying single bore gun (8) Yogendra Shah, son of Radha Shah lashed with a lathi, both residents of village " Marar (9) MajidMiyan lashed with lathi (10) Gorakh Ram, son of not known, village " Babhnauli having lathi in his hand along with 2-3 unknown persons came there. It is al-leged that Vijay Singh said "yahi sala Subhash hai bhun dalo" and he fired from his rifle which hit his brother Subhash Chandra Gupta on his back side. Sanjay Singh fired from his rifle which hit on the eyes of Subhash and in the meantime Vishwanath Singh, Rajesh Singh, BharathShahi, Dharmen-draShahi, Ramakant Shah started firing from their gun and ri-fle as a result whereof the body of the brother of the informant was riddled. One Raghubansh Singh who was an employee of Nalkoop Department was going on that way to Nalkoop, his body was also riddled and both the persons died on the spot it-self.