RAMJI RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellant of Cr. Appeal (SJ) No. 314 of 2001 has been convicted under Section 307/34 IPC whereas the Appellant of Cr. Appeal (SJ) No. 364 of 2001 has been convicted under Section 307 IPC and sentenced to RI for five years and a fine of Rs. 3,000/ - and nine years and a fine of Rs. 5,000/ - respectively by the 3rd Additional Sessions Judge, Begusarai in S.Tr. No. 10 of 1991 by judgment and order dated 18.08.2001.

(2.) THE case of the prosecution according to the Informant, Rambilas Rai, P.W. 5, the father of the injured is that on the night of 07.10.1989 at 12 P.M. suddenly he woke up on the hearing of sound of firing. He himself was sleeping in the bathan of the temple whereas his son Shyam Rai @ Manoranjan Rai was sleeping on the roof of the temple of Lord Shiva. When he woke up he saw the accused persons jumping from the roof of the temple and running away. On inquiry made by the Informant, Phulchand Rai stated that the Appellant, Bhuloo Rai had fired at his son with the assistance of the other co -accused. Thereafter, the injured Shyam Rai was brought down from the terrace and taken to the hospital where he was given treatment. The injured had sustained injury on the head.

(3.) P .W. 3, Ramanuj Rai has supported the factum of the occurrence but he has declined to have seen the accused persons.