PAVAN KUMAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard Sri Ajay Thakur, the learned advocate for the appellant and Mr. Ajay Mishra, A.P.P. for the State.

(2.) The appellant has been convicted under Ss. 302 of the I.P.C. and 27(1) of the Arms Act vide judgment dtd. 16/12/2019 passed by the learned Additional Sessions Judge No XVI in Sessions Trial Case No. 359 of 2013/CIS No. 14000075 of 2013 and by order dtd. 17/12/2019, he has been sentenced to undergo RI for life, to pay a fine of Rs.50,000.00 (rupees fifty thousand) and in default of payment of fine, to further suffer simple imprisonment of one month for the offence under Sec. 302 I.P.C. and RI for 5 years, fine of Rs.10,000.00 and in default of payment of fine, to further suffer simple imprisonment for one month for the offence under Sec. 27(1) of the Arms Act, 1959. The sentences have been ordered to run concurrently.

(3.) The deceased is the son of the informant / Ranjan Kumar, who has been examined as P.W. 7. He was informed by Shashi Raj (P.W.1) that the appellant who is distantly related to the informant and the deceased had shot at the deceased, leading to his death. On such information, he went to the place of occurrence only to find his son dead because of gun shot wound. He took him to hospital on a motorcycle but on way, he succumbed to the injuries. The F.I.R. was lodged by him on 6/5/2013 vide Ara Nawada P.S. Case No. 156 of 2013 alleging as noted above that at about 06 o"clock in the evening, he heard a sound of firing at his house. Shortly thereafter, Shashi Raj (PW-1) informed him about the appellant having shot at the deceased. In his F.I.R., he has narrated that the deceased was standing before a furniture shop, run under the name and style of A-one furniture along with his friends when the appellant came on a motorcycle and misbehaved with him. This led to a scuffle between the deceased and the appellant but because of the intervention of the other friends of the deceased, a full fledged disputed was averted. P.W. 7 has further claimed that the appellant again came with another person on a motorcycle and fired the deceased from a close distance. It was only thereafter that Shashi Raj (P.W. 1) came and informed him.