RAJDEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dtd. 8/5/2017 and 22/5/2017 passed by the learned Additional Sessions Judge ' X, Saran at Chapra in Sessions Trial No. 575 of 2014 (arising out of UT No. 168/2013 in connection with Bheldi P.S. Case No. 168 of 2013) by which the appellant was convicted under Sec. 302/34 of the Indian Penal Code and was sentenced to undergo Rigorous Imprisonment for life and fine of Rs.25,000.00 under Sec. 302/34 of the Indian Penal Code and in default of payment of fine, further imprisonment of six months and was further convicted under Sec. 27 of the Arms Act and sentenced to undergo imprisonment of three years. The sentences were to run concurrently.

(2.) First Information Report was registered on 11/9/2013 by the informant, Shiv Kumari Devi wife of Yadunath Sah (deceased) alleging that while her husband was returning home and had reached near an orchard of Hazari Singh, at about 17:30 hours, the accused persons, namely, Rajdeo Singh (the appellant herein), Rajnath Singh, Pukar Mahto, Kartik Mahto and Rudal Mahto came there on two motorcycles, intercepted and started assaulting him.

(3.) The further allegation is that when her husband tried to run away, the appellant herein took out a pistol and fired upon him causing injury on his waist. Thereafter, another accused, Rajnath Singh opened fire causing injury in the mouth of the husband of the informant who fell down and died on the spot. On hearing the sound of firing, people rushed towards the place of occurrence whereafter she alleged that accuseds fled away.