GAJENDRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the above stated criminal appeals have arisen out of judgment of conviction dated 06.08.2001 and sentence order dated 09.08.2001 passed by Sri Balmiki Prasad Sinha, 1st Additional Sessions Judge, Aurangabad in Sessions Trial No. 222 of 2000/329 of 1999 by which and whereunder all the three appellants were convicted for the offences punishable under Sections 307/34 of the Indian Penal Code and 27 of the Arms Act and sentenced to undergo rigorous imprisonment for eight years for the offences punishable under Sections 307/34 of the Indian Penal Code and to undergo rigorous imprisonment for three years for the offence punishable under Section 27 of the Arms Act. However, both the sentences were ordered to be run concurrently. Since both the aforesaid appeals have arisen out of the aforesaid common judgment of conviction and sentence order, a common judgment is being passed in both the above stated criminal appeals.

(2.) THE brief fact, which lies to file these criminal appeals, is that P.W.3, Govind Singh gave his Ferdbeyan to S.I., Sriram Pandey, Mufassil Police Station on 26.05.1999 at 03:00 P.M. in injured condition at Sadar Hospital, Aurangabad to this effect that on the same day at about 01:00 P.M. while he was going to his village, Maulanagar and reached near the toddy shop of Jaggu Chaudhary situated at the bank of Adri Nadi, he noticed all the appellants who were sitting at the toddy shop of Jaggu Choudhary from before, the aforesaid appellants having armed with pistols came running towards him and seeing them he fled towards his house but all the appellants chased and encircled him and after that they started making firing as a result of which he sustained firearm injury on his abdomen, hand and chest and having sustained firearm injury he fell down on the earth. Having heard the sound of firing as well as his noise, villagers and one Sanjay Singh as well as Dilip Singh came running there and saved his life. The appellants fled away towards village, Maulanagar. After the aforesaid occurrence, he was taken to Aurangabad Sadar Hospital where his Ferdbeyan was recorded. The reason behind the alleged occurrence as disclosed by P.W.3 is that in the year 1997, appellants, Mandul and Chuta Ram had committed the murder of his brother, namely, Madan Kumar Singh.

(3.) ALL the appellants were put on trial and accordingly, they were charged for the offences punishable under Sections 307/34 of the Indian Penal Code and 27(i) of the Arms Act. They denied the charges and claimed to be tried.