SIYA RAM CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment of conviction dated 24.7.2001 and sentence order dated 26.7.2001 passed by Sri Prakash Chandra Jaiswal, learned Addl. Sessions Judge V, Rohtas at Sasaram in Sessions trial no. 543 of 1989 by which and whereunder he convicted the appellant no. 5, namely, Surya Nandan Choudhary @ Suryanandan Choudhary and appellant no.6, namely, Ghura Choudhary for the offences punishable under sections 307, 148 of the Indian Penal Code and 27 of the Arms Act and accordingly, sentenced them to undergo rigorous imprisonment for seven years for the offence punishable under section 307 of the Indian Penal Code, to undergo rigorous imprisonment for two years for the offence punishable under section 148 of the Indian Penal Code and to undergo rigorous imprisonment for three years for the offence punishable under section 27 of the Arms Act whereas rest appellants were convicted for the offences punishable under sections 307/149 and 147 of the Indian Penal Code and they were sentenced to undergo rigorous imprisonment for seven years for the offences punishable under sections 307/149 of the Indian Penal Code and to undergo rigorous imprisonment for one year for the offence punishable under section 147 of the Indian Penal Code. However, all the sentences were ordered to run concurrently.

(2.) The prosecution case, in brief, is that the informant Kailash Choudhary gave his fardbeyan to ASI of Sanjhouli police station at the dispensary of Dr. Karmchand Prasad Singh ( P.W.4) on 16.3.1987 at 10.45 a.m. to this effect that on the same day at about 8.45 a.m. he was washing his mouth sitting in his dalan. In the meantime, appellants Surya Nandan Choudhary and Ghura Choudhary opened four to five rounds fire from their respective guns from Mahua tree situated towards east side of his dalan and the aforesaid firings hit at his chest and forehead. He further stated that P.W.3, Rajendra Singh was sweeping his dalan which was situated towards west of his dalan. The aforesaid P.W.3, Rajendra Singh also sustained bullet injury on his knee by the above stated firings of the appellants Surya Nandan Choudhary and Ghura Choudhary. He further stated that the appellants Siya Ram Choudhary, Vokil Choudhary, Babban Choudhary and others were standing near the above stated appellants Surya Nandan Choudhary and Ghura Choudhary having lathis in their hands and furthermore, some persons were also standing in the lane but he could not see their faces. The reason behind the alleged occurrence is said to be a quarrel which had taken place between the children of Nand Kishore Choudhary and the appellants on the point of overthrowing mud and water. After the aforesaid occurrence, he went to the clinic of Dr. Karamchand Prasad Singh (P.W.4) by bicycle whereas another injured Rajendra Singh followed him.

(3.) On the basis of the aforesaid fardbeyan, Sanjhouli P.S. case no.15/1987 for the offences under sections 148, 324 and 307 of the Indian Penal Code was registered and accordingly, on the same day i.e. 16.3.1987 formal first information report for the above stated offences was drawn up against the appellants Surya Nandan Choudhary, Ghura Choudhary, Siya Ram Choudhary, Vokil Choudhary, Babban Choudhary and others. Formal first information report and fardbeyan of the informant Kailash Choudhary was dispatched to the concerned court on 16.3.1987 but the same was put up before the concerned court on 20.3.1987 i.e. after four days of recording fardbeyan and preparation of formal first information report.