(1.) THE Appellant has been convicted under Section 307 IPC and Section 27 of the Arms Act and sentenced to RI for ten years and three years by the 4th Additional District and Sessions Judge, Begusarai in S.Tr. No. 213 of 1991 by judgment and order dated 22.02.2002.
(2.) THE case of the prosecution is that on 07.11.1990 when he was sleeping in his house suddenly he heard some sounds at 10.30 P.M. When he woke up and lighted his torch saw Sia Ram Rai and Ramashish Rai armed with pistol in their hands whereas Rambabu Rai, Ram Briksha Rai and Arbind Rai there at which the Appellant is said to have fired which hit him on the stomache he then fell down. On sounds of firing his brother Nagina Rai and Yougeshwar Rai came there and saw the Appellant fleeing away. The reason for the occurrence was an old dispute with the Appellant, Siya Ram Rai.
(3.) P .W. 4 and P.W. 5 are formal witnesses.