KAMAL MUKHIYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants as well as learned Addl. Public Prosecutor for the State and perused the record.

(2.) This criminal appeal has been preferred against the judgment of conviction and sentence order dated 19.7.2001 passed by learned Addl. Sessions Judge III, Saharsa in Sessions trial no. 176/1994 by which and whereunder he convicted appellants for the offence under section 307/34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for three years.

(3.) The prosecution case, in brief, is that P.W. 8, Bouku Mukhiya, gave his fardbeyan to the Officer-in-charge of Saharsa police station in injured condition in government hospital, Sonbarsa on 19.4.1994 at about 10 p.m. to this effect that he had got some differences from his co villagers, namely, Kamal Mukhiya and Foto Mukhiya and on 19.4.1994 at about 9 p.m. while he along with co villagers namely, Shankar Sah and Shambhu Sah were returning to his home after purchasing Biri from the shop of his co villager Ramotar Sah and reached near the house of Nathuni Sah and Dukha Mistry, the above stated Kamal Mukhiya and Foto Mukhiya along with Lahshan Yadav came there and caught him and started assaulting to him. He tried to flee from there but they put pistol on his chest and they fired of pistol causing fire arm injury on the elbow of his right hand and having got the aforesaid fire arm injury, he fell down on the earth. He further stated that after the aforesaid firing at the instigation of Kamal Mukhiya, rest persons assaulted him with the piece of bricks. He raised alarm which attracted Dukha Mistry, Nathuni Sah and several other persons and after that the aforesaid persons fled away from there. He was taken to hospital by his son, Chandeshwari Mukhiya and others.