TUNAI SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) '' The sole appellant, namely Tunai Sharma has been convicted under Section 302 of the Indian Penal Code read with Section 27 of the Arms Act by the Ist Additional Sessions Judge, Khagaria, and has been sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 5000/ - under Section 302 of the Indian Penal Code and further sentenced to undergo rigorous imprisonment for one year under Section 27 of the Arms Act. Both the sentences were ordered to run concurrently.

(2.) THE prosecution case as dis -closed in the fardbeyan (Exhibit -4) of the informant is that on 14 -2 -1997 at about 11.30 a.m. the informants brother Indradeo Sharma was playing chess with Anil Sharma in front of the house of Naresh Sharma and Naresh Sharma was also witnessing the game. In the meantime, the appellant came with a country made pistol and fired upon the informants brother Indradeo Sharma from point blank range on his head, as a result of which, Indradeo Sharma succumed to the injuries and the appellant fled away through a lane situated towards west of the PO land. The villagers chased the appellant but he succeeded in escaping away taking advantage of the maize crop. The informant has claimed to witness the occurrence and has stated that Anil Sharma, Naresh Sharma and many other villagers also witnesses the occurrence. The I.O. reached at the place of occurrence on hearing rumour and recorded the fardbeyan of the informant at 3.00 p.m. He took up the investigation in course of which he prepared the inquest report (Exhibit -1). He inspected the place of occurrence and also seized the blood stained earth from the place of occurrence and prepared the seizure list (Exhibit -5) and sent the dead -body for post -mortem examination on the same day. He also sent the fardbeyan for instituting a case and formal FIR was drawn up on 15. -2 -1997 at 9.00 a.m. The I.O. also recorded further statement of the informant as also the statements of other witnesses on the same day. After obtaining post -mortem report the I.O. submitted chargesheet against the accused under Section 302 of the Indian Penal Code and 27 of the Arms Act. The case was committed to the Court of Sessions for trial.

(3.) PW 1 Ramjee Sharma, who is not related to the informant in any way has deposed that while he was going to Piparpati Panchayat and had reached a place situated east of the house of Naresh Sharma, he heard the sound of firing with screams. He alongwith Ram Prasad Chaudhary rushed towards the house of Naresh Sharma, where he found Indradeo Sharma lying dead with fire arm injuries on the back of his head. He learnt from Anil Sharma, who is the own brother of the deceased that Tunai Sharma fired upon the deceased and fled away. Same statement was made by other witnesses, namely, Naresh Sharma, Kedar Sharma and the informant. PW 1 has further stated that he informed about the occurrence to the police and the SI of police came at the place of occurrence at about 3.00 p.m. and recorded the fardbeyan of the informant and has also prepared the inquest report of the dead -body. He has proved his signature (Exhibit -1) on the inquest report. In cross -examination, PW 1, has stated that he was at a distance of 10 -12 laggi when he heard the sound of firing and rushed to the place of occurrence. It seems that since he was at a distance he could not seen the appellant firing upon the deceased.