VIJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE two appeals aforesaid relate to the same judgment of the lower court, hence have been heard, and are being disposed of, together.

(2.) ALL the appellants have been convicted under section 302 read with section 34 of the Indian Penal Code ( ''the Code '', in short) and sentenced to undergo imprisonment for life. They are further sentenced to undergo rigorous imprisonment for seven years under section 27 of the Arms Act whereas appellant Manoj Sharma is further sentenced to the imprisonment for life under section 307 of the Code. All the sentences are to run concurrently. Fardbeyan of the informant Raja Ram Sharma (P.W. 8), son of the deceased Umesh Sharma was recorded at the place of occurrence on 11.12.1995 at about 8.45 -ji A.M. stating therein that he was coming with the deceased to reach him to Jehanabad station, at about 8.00 to 8.15 A.M., accompanied by Mahesh Lal (P.W. 2). Father was ahead of them followed by Mahesh Lal. They were proceeding through S.N. Sinha College and when they reached near a roofless room to the north of the College, he saw the four appellants and one Raj Kishore Sharma coming out with pistols whereafter appellant Vijay Sharma ordered for killing Umesh Singh, and fired himself. All the five surrounded his father and started firing. Ram Niwas Sharma hit at neck, Shri Niwas Sharma at chest and Kishore at left arm causing grievous injuries to his father who fell down, writhing. When objected to by Mahesh Lal, Vijay Sharma ordered for killing him as well the informant, as they had witnessed the occurrence, at which Manoj Sharma fired at Mahesh Lal hitting at the temporal region, who also fell down. The informant himself fled away. By that time other witnesses also came but the accused had fled away. P.W. 3, Suresh Sharma and P.W. 1 Dhananjay Sharma are named in the first information report as witnesses, both coming from behind. When the informant came back he found his father dead. Motive for the assault was that the appellants wanted to demolish the ridge of the ''Bari" of the informant side for using that portion as passage which was objected to by the informant side.

(3.) P .W. 1, Dhananjay Sharma, said to be an eye -witness of the firing, did not support the prosecution case giving altogether a different story for which he was declared hostile by the prosecution. P.Ws 2, and 3 (Suresh Sharma), also named as witness in the first information report, have supported the prosecution case as eyewitnesses.