RAJESH TURHA @ CHHOTAKA TURHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 9th May, 2002 passed by learned 6th Additional Sessions Judge, Chapra in Sessions Trial No. 212 of 2000 whereby the appellant has been convicted for the offence under Sec.302 of the Indian Penal Code and Sec.27 of the Arms Act. The appeal is also against impugned order dated 13 -5 -2002 whereby after hearing the parties on the question of sentence the sole accused/appellant has been sentenced to undergo rigorous imprisonment for life and a fine of Rs. 1000.00 and in default further sentence of two months rigorous imprisonment under Sec.302 I.P.C. and rigorous imprisonment for three years under Sec. 27 of the Arms Act. The sentences have been ordered to run concurrently.

(2.) THE prosecution case is to the effect that in the morning at about 10 A.M. on 23.10.99 while some children were playing near a Bargad tree in Mohalla Daulatganj under Bhagwan Bazar Police Station district Saran the appellant came and from a close range fired causing through and through fire arm injury in the abdomen of deceased Ravindra Rai aged about 10 years and fled away. On hearing the sound of firing the informant Ram Nath Rai the uncle of injured came and took the injured to Sadar Hospital, Chapra where his Fardbeyan was recorded on 23.10.1999 at 12.15 hours by Sub -Inspector of Police, R.A. Pandey of Bhagwan Bazar Police Station. In the Fardbeyan the informant has stated that when on hearing the sound of firing he went running to the place of occurrence he saw his nephew Ravindra Rai smeared with blood and on enquiry he disclosed that the sole accused had fired and had run away. It is further case of the prosecution that in course of treatment the injured died on the same day and hence the offence under Sec.302 I.P.C. was added to the offence under Sec.307 I.P.C. Under which F.I.R. had been lodged on the date of occurrence.

(3.) IN order to prove its case the prosecution has examined altogether 8 witnesses. Out of them P. W.1, Bal Mukund Chaudhary, P.W.2, Acchey Lal and P.W.3 Amar Turha are children or persons of young age who have claimed that they were playing along with deceased and have claimed to have seen the occurrence. According to them this appellant came from east where his house is located at a short distance and fired from a country made pistol from a distance of 2 -3 steps causing through and through gun shot injury in the abdomen of the deceased which caused profused bleeding and the injured was taken to hospital by the informant, Ram Nath Rai (P.W.6) and some others.