KAMAL BISWAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellants have been convicted under Section 307/34 I.P.C. and sentenced to R.I. for three years by a judgment dated 29.11.1999 and 30.11.1999 passed by the 4th Additional Sessions Judge, Purnea in Sessions Case No.206 of 1992/17 of 1998. The case of the Informant Jyotish Chandra Jha is that on 15.12.1990 while he was sleeping in his house at about 12 in the night his servant called him and on hearing his voice woke up and came with a torch to the door. In the light of torch he saw Appellants along with others, whereas Appellant Suresh Biswas was with a pistol, Domi Biswas with a knife and Kamal Biswas with a gun. On the order of Kamal Biswas, Suresh Biswas fired his pistol but it misfired. The accused persons tried to surround the Informant but he pushed them and fled towards the village raising a hulla. When witnesses gathered the accused persons ran away.

(2.) DURING trial the prosecution examined six witnesses in all. Out of whom, P.W.1 Saini Choudhary is the servant of the Informant and he stated that on the night of occurrence when he gone to attend the call of nature, some miscreants caught him and took him to the house of his employer and told him to call him. At this, he called his employer, the Informant, and then the occurrence took place. He identified only Appellant Kamal Biswas.

(3.) P .W.5 Anman Devi is the mother of the Informant. She also supported the factum of the occurrence and she identified the Appellants. She also admitted that Appellant Kamal Biswas was the full brother of Radha Biswas, against whom the Informant had made a complaint and that she knew them because they used to come to her village.