BABALU @ RAKESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two appeals are directed against the Judgment/Order dated 25.8.1993/27.8.1993 passed by the 7th Additional Sessions Judge, Patna, in Sessions Trial No.999 of 1986, arising out of Kadamkuan P.S. Case No.155 of 1985, whereunder the appellants, abovenamed, and one Bipin Bihari Singh alias Bipin Singh, whose Criminal Appeal (SJ) No.265 of 1993 has been abated due to his death vide order dated 18.5.2009, have been convicted under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for 7 years for the offence under Sections 307/34 of the Indian Penal Code and three years for the offence under Section 27 of the Arms Act with direction to run both the sentences concurrently.

(2.) THE prosecution case, as set out in the fardbeyan (Ext.3) of the informant, Shyam Baboo (P.W.3), is that on 25.2.1985, he alongwith his elder brothers, Gajendra Kumar alias Banerjee (P.W.5), Sergeant D.P. Singh (P.W.2) and Ravindra alias Munna (P.W.1), was returning to house after taking tea from the adjacent tea stall. When he reached in front of his house situated at Arya Kumar Road, he saw Bipin Singh and appellants, Babalu, Pramod Kumar alias Ganga alongwith 4 -5 unknowns coming from the north direction. As soon as they came near them, Bipin Singh fired from his pistol by putting it on the chest of Gajendra Kumar alias Banerjee (P.W.5) causing injury on his chest. Appellant, Babalu, also fired from his pistol at Gajendra Kumar alias Banerjee causing injury on his left thumb and, thereafter, his brother, Gajendra Kumar alias Banerjee, fell down. When the informant and his companions ran raising alarm towards his brother then appellant, Pramod Kumar alias Ganga, fired from his pistol at the informant and his companions but the same did not hit to any one of them. In the meantime, Nawal Kishore Singh (P.W.4), Arvind Singh (not examined) and others also rushed there and, thereafter, all the accused fled away towards north direction. The informant and others immediately took the injured Gajendra Kumar alias Banerjee (P.W.5) on a Rickshaw to P.M.C.H. for treatment and the injured Gajendra Kumar alias Banerjee (P.W.5) was under operation. The informant has stated that the cause of occurrence is due to old enmity of his family with the accused. Earlier, Gajendra Kumar (P.W.5) was also fired shot by Upendra Bihari Singh, son of accused Bipin Singh, for which a case is pending.

(3.) DURING trial, prosecution examined altogether eight witnesses in support of its case. P.W.1, Ravindra Kumar Sinha, is the eye witness to the occurrence. P.W.2, Sergeant D.P. Singh, is the brother of the informant, Shyam Baboo (P.W.3) and the injured Gajendra Prasad Singh alias Banerjee (P.W.5). P.W.3, Shyam Baboo, is the informant of the case and brother of the injured Gajendra Prasad Singh alias Banerjee (P.W.5). P.W.4, Nawal Kishore Singh, is the eye witness to the occurrence. P.W.5, Gajendra Prasad Singh alias Banerjee, is the injured. P.W.6, Dr. Om Prakash Sah, is the doctor, who treated the injured Gajendra Prasad Singh alias Banerjee (P.W.5). P.W.7, Devendra Kumar Singh, is the Investigating Officer of the case. P.W.8, Bhagwan Das, is the Record Keeper in the Sergical Registrar Office of P.M.C.H., Patna.