PAWAN KUMAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal has been directed against the judgment of conviction and order of sentence dated 26.02.2001 passed by learned 2 nd Additional Sessions Judge, Samastipur in Sessions Trial No. 174 of 1994/73 of 2000 by which and whereunder he convicted the appellant no. 1, namely, Pawan Kumar Rai for the offences punishable under Sections 448, 307 of the Indian Penal Code and 27 of the Arms Act whereas appellants no. 2 and 3, namely, Birbal Rai and Vijay Kumar Rai respectively were convicted for the offence punishable under Section 448 of the Indian Penal Code. By the same impugned judgment, learned 2nd Additional Sessions Judge, Samastipur acquitted the appellant no. 1 of the charges framed against him under Sections 323 and 324 of the Indian Penal Code and similarly, appellants no. 2 and 3 were acquitted of the charges framed against them under Sections 323, 324 and 307/34 of the Indian Penal Code. The appellant no. 1 was sentenced to undergo rigorous imprisonment for ten years for the offence punishable under Section 307 of the Indian Penal Code, to undergo rigorous imprisonment for three years for the offence punishable under Section 27 of the Arms Act and to undergo rigorous imprisonment for one year for the offence punishable under Section 448 of the Indian Penal Code. However, all the sentences were ordered to run concurrently. Appellants no. 2 and 3 were released under Section 4 (i) of Probation of Offenders Act, 1958 on their entering into bonds with two sureties of the like amount each to appear and receive sentence when they called upon during the period of one year and in the meantime to keep peace and be of good behaviour.

(2.) In brief, the prosecution case, is that P.W. 5, Horil Rai gave his Ferdbeyan on 20.06.1993 at about 03:15 P.M. in injured condition to A.S.I., Kalyanpur police station to this effect that on the same day at about 02:00 P.M., he was taking meal at his Verandah. In the meantime, appellants having shared common intention came there and appellant Pawan Kumar Rai shot fire of his pistol which hit on the palm of his left hand as a result of which blood started oozing out from his palm and he sustained injury on his finger also. Having heard the sound of firing, his brother and his younger brother (P.W. 3) came there and saved him. He was brought to the State hospital, Kalyanpur where his treatment was done. He claimed that due to previous land dispute the appellants committed the above stated occurrence.

(3.) On the basis of aforesaid ferdbeyan, Kalyanpur P.S. Case No. 77 of 1993 under Sections 307, 323, 324 of the Indian Penal Code and 27 of the Arms Act was registered and on the same day, formal first information report for the above stated offences was drawn up against the appellants. Police started investigation and after completion of investigation, charge sheet under Sections 448, 323, 324, 307/34 of the Indian Penal Code and 27 of the Arms Act was submitted against the appellants. The cognizance of the offence was taken and the case was committed to the court of sessions, in usual way.