SHIV KUMAR SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) SOLE appellant Shiv Kumar Sahni who has been found guilty for an offence punishable under Section 307 of the IPC and been directed to undergo R.I. for ten years as well as also fine Rs.20,000/ - in default thereof to undergo S.I. for six months additionally, under Section 27 of the Arms Act to undergo R.I. for five years as well as slapped with fine appertaining to Rs.10,000/ - and in default thereof to undergo S.I. of three months additionally, with a further direction to run the sentences concurrently by 5th Additional Sessions Judge, East Champaran at Motihari in Sessions Trial No.504 of 2012/268 of 2012 challenged the same under present appeal.

(2.) P .W.6 Om Prakash Sahni filed written report on 26.12.2011 at about 4 P.M.(not exhibited) alleging inter -alia that there happens to be a piece of land standing in the name of his grand -father. He had gone there to see and found his co -villager Jangbahadur Sahani, Shiv Kumar Sahani, Rajesh Sahani, Nawal Sahani, Dhanai Sahani, Munna Sahani, Madan Sahani, Nandu Sahani, Saheb Sahani, Janki Sahani, Ganesh Sahni who had engaged Amin Sahni and Mangal Sahani as for construction of house over the land. He forbade them over which Jangbahadur Sahani claimed the land and further directed him to leave otherwise, he will be murdered. He insisted, over which Jangbahadur Sahani ordered whereupon Shiv Kumar Sahani shot at causing injury to his brother Rambaboo Sahani who, after sustaining injury fell down. Thereafter, they have also taken away his Bhabhi to their house where Jangbahadur Sahani snatched away Hasuli. All of them also brick -batted on account of which all the family members had sustained injuries. So many persons have had witnessed the occurrence.

(3.) THE defence case as is evident from mode of cross -examination as well as the statement recorded under Section 313 of the Cr.P.C. coupled with the exhibits made on behalf of the defence is that the land under dispute happens to be purchased by them from a co -sharer Laxmi Sahani. As the aforesaid event was not applauded by the prosecution, on account thereof getting false and frivolous injury report, as well as taking into account the police in their collusion, got this case filed. In other words, those happens to be complete denial of occurrence along with plea of false implication on account of land dispute.