PUNA CHOUHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant Puna Chauhan stands convicted under Section 302 of the Indian Penal Code for allegedly causing death of deceased Siyaram Chauhan and has been sentenced to undergo rigorous imprisonment for life. The appellant further stands convicted under Section 307 of the Indian Penal Code also for allegedly attempting to kill Ram Briksha Chauhan (PW 1) and he has been sentenced to undergo rigorous imprisonment for seven years under this count by the impugned judgment dated 11th October, 1999 passed by the 1st. Addl. Sessions Judge, Nawadah in S.T. No. 277 of 1997/33 of 1997. However, both the sentences are to run concurrently.

(2.) In this case, there are two fardbeyans, one recorded at the place of occurrence on the statement of Mithilesh Chauhan (PW 2), brother of injured Ram Briksha Chauhan (PW 1). The next fardbeyan was recorded on the statement of injured Ram Briksha Chauhan (PW 1) in Sadar Hospital, Nawadah.

(3.) The statement of Mithilesh Chauhan was recorded by S.I. of Police G.P. Singh on 21st December, 1996 at 2.30 A.M. at the baithaka of his new mud-built house wherein he stated that in the night of 20th December, 1996, after taking his meal, he was sleeping in the old house and at about 11.30 in the night, he woke up on hearing the sound of firing from his old mud-built house and immediately, he also heard weeping sound of his mother Bhatni Devi and then running he went to his new-mud- built house and he saw in torch light the appellant Puna Chauhan, the Nati of Puna Chauhan and one unknown fleeing away. Then on going inside the house, he saw his uncle Siyaram Chauhan (the deceased) lying there dead with fire-shot injury on his forehead and he also saw his brother Ram Briksha Chauhan (PW 1) in injured condition with fire shot injury near his neck and he took him to hospital. Ram Briksha Chauhan was unconscious and he (Mithilesh Chauhan) further stated in his fardbeyan that Ram Briksha Chauhan would say about the occurrence on regaining consciousness. About the cause of occurrence, Mithilesh Chauhan stated in his fardbeyan that land dispute was going on with his cousin Binod Chauhan. The appellant is said to be the father-in-law of Binod Chauhan. Mithilesh Chauhan also claimed in the fardbeyan that his mother Bhatni Devi and others had seen the occurrence and they would say about the same.