RAJENDRA PRASAD Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THE Appellant has been convicted under Section 307 Indian Penal Code and Section 27 of the Arms Act and sentenced to seven years and a fine of Rs. 3,000/ - in default of which a further imprisonment for one year and two years respectively by a Judgment and order of conviction dated 28.9.2001 passed by the 7th Additional Sessions Judge, Gaya, in Sessions Trial No. 108 of 1992/445 of 1993. The case of the Informant Mahesh Kumar Singh is that on 1.7.1992 at about 6.30 A.M. an altercation had taken place between his aunt and his father in which transaction his uncle had became injured and he was taken to the Hospital. After the said incidents the accused persons who were supporters of his uncle, came to his house where a construction was going on, and started to altercate on behalf of his uncle. In this transaction, the Appellant is said to have fired with a Pistol which hit on the upper portion of the waist. The rest of the accused persons assaulted his father Ramdeep Singh and brothers Pravesh Kumar Singh and Dinesh Kumar.

(2.) THE defence did not bring any material witness but proved certain documents to show the complicity of the Prosecution party in an earlier occurrence. The Defence case was that Rajendra Prasad had fired which hit Mahesh Prasad, the Informant.

(3.) PW -1 Dinesh Kumar stated that when he reached the place of occurrence, he saw the accused persons and that Appellant Rajendra Prasad had fired at his brother Mahesh Prasad with his pistol which hit him on the waist whereas Brij Nandan assaulted his father with lathi and he himself was assaulted by Binod on his back and Suresh assaulted on his hands. He admits that for the same occurrence on the same day Naresh Kumar had instituted a case against him, Mahesh , and his father and one Pravesh. He denies that he had seen Naresh and Umesh injured on the said date.