PRABHU NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned counsels appearing on behalf of the parties.

(2.) THE two appellants have preferred this appeal against the judgment of their conviction, wherein, appellant no. 1, namely, Prabhu Nath Singh, has been convicted for the offence punishable under Sections 307 of the Indian Penal Code and 27 of the Arms Act and sentence to undergo rigorous imprisonment respectively for ten years and two years and appellant no. 2, namely, Jai Kishun Sah, has been convicted for the offence punishable under Section 307/34 of the Indian Penal Code and sentence to undergo rigorous imprisonment for ten years, as awarded on 15th Day of January, 2002 by 4th Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 45 of 1994 arising out of Garkha P.S. Case No. 4 of 1993 (G. R. No. 143 of 1993, U. T. No. 275 of 1993). All the sentences were ordered to run concurrently.

(3.) DURING trial, initially only against appellant no. 2, namely, Jai Kishun Sah, for the offence under Sections 307 of the Indian Penal Code and 27 of the Arms Act, three witnesses are examined, i.e., P.W.1, namely, Jitendra Kumar, examined on 12th September, 1996, but finally discharged after cross -examination on 09th October, 1996, P.W.2, namely, Brajesh Singh, examined on 18th November, 1996, but discharged on 20th November, 1996 and P.W.3, namely, Bharat Singh, examined on 21st November, 1996, but discharged on 19th December, 1996 and by the period only two documents, i.e., Exhibit -1, a letter from Garkha police station dated 27th November, 1996 and another Exhibit -2, carbon copy of the Fardbeyan dated 16th January, 1993 of P.W.3, recorded at PMCH, Patna, were on the record, which narrates a bit different story, as while proceeding towards village from Chowk where P.W.3 met his son and nephew (P.Ws. 1 and 2), handed over the bag carrying by him in the way at the dictate, appellant Prabhu Nath Singh, co -appellant, got hold of him, paving way to shoot at by Prabhu Nath Singh. Alarm was raised about shooting at by Prabhu Nath Singh, anyhow, the two associates brought P.W.3 at the road, where he lost his sense and only on regaining, he got his statement recorded.