LALAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellants and learned counsel for the State.

(2.) THE two appellants have preferred this appeal against conviction of appellant no. 1 for the offences under section 307/114 of the Indian Penal Code and 27 of the Arms Act, and appellant no. 2 for the offences under section 307 of the Indian Penal Code and 27 of the Arms Act and sentenced to undergo rigorous imprisonment for 7 years with fine of Rs. 5000/ - in default to undergo further rigorous imprisonment for six months for the offences under the penal code, rigorous imprisonment for 5 years and fine of Rs. 3000/ - for the offences under section 27 of the Arms Act, in default further imprisonment for four months. However, all the sentences are to run concurrently, as awarded on 20th March 2002, in Session Trial No. 105 of 1988 arising out of Sahar P.S. Case No. 85 of 1987, by 5th Additional Sessions Judge, Fast Track Court, Bhojpur at Ara.

(3.) THE prosecution has come out with the fardbeyan of Fulbadan Devi (P.W.3), she was followed by the appellant and three other accused (having been acquitted during trial) and appellant no. 1 after entering into her house unsuccessfully shot at by licensee rifle and at his dictates appellant no. 2 twice fired from his licensee gun, first shot failed but second one caused some injury near left eyebrow and left hand and other acquitted accused took away some articles from the house. After investigation police submitted charge -sheet and trial commenced. During trial altogether six witnesses have been examined by the prosecution besides producing following exhibit lists. Exhibit 1 - Signature and report on Dasti Samman. Exhibit 2 - Injury report of Fulbadan Devi. Exhibit 3 - Fardbeyan Exhibit 4 - Formal First Information Report.