GOPAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellant No. 1 has been convicted under Section 307 Indian Penal Code and sentenced to rigorous imprisonment for five years. He along with Appellant No. 2 has also been convicted under Section 148 Indian Penal Code and sentenced to rigorous imprisonment for one year. The Appellant No. 2 has further been convicted under Section 27 of the Arms Act and sentenced to rigorous imprisonment for three years. Appellants No. 3 and 4 have been convicted under Section 147 Indian Penal Code and released on Probation of Offenders Act on bond of Rs.2,000/ - for a period of one year by the 5th Additional Sessions Judge, Bhojpur, at Arrah, in Sessions Trial No. 646 of 1992 by a Judgment and order of conviction dated 27.2.2002.

(2.) THE case of the Informant is that when he was proceeding along with others to his home from the Railway Station, he saw Appellant Gopal Singh and Sanjay Singh walking little ahead. They had also traveled with them on the train. When the Informant and his colleagues reached near Arrah Sasaram Light Railway line -Railway Hospital, the Appellant Gopal Singh and Sanjay Singh started altercating with them as to why they did not help them in cheating. Thereafter, they started assaulting him. In the meanwhile, Appellant Surender Singh armed with the double barrel gun, Appellant Satyendra Singh armed with the single barrel gun and Appellant Mohit Singh @ Parsuram Singh came there. Appellant Gopal Singh took the gun from the hand of Appellant Sanjay Singh and fired at Anil Singh on account of which he was injured. This statement was recorded at 4.30 P.M. on 14.7.1991 even though the occurrence had taken place the day before at 6.00 P.M. i.e. almost after a day.

(3.) PW -2 the cousin of the Informant, PW -5 and PW -4 has also given the same version as PW -1. PW -3 Sunil Kumar is another eye witness to the occurrence and also cousin of the Informant and other witnesses have supported the case in all his material particulars.