AJAY SINGH @ BAGHA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises out of judgment dated 7.9.1992 passed by the learned 1st Additional Sessions Judge, Motihari, in Sessions Trial no. 213 of 1991 by which the learned trial judge held the solitary appellant guilty of committing offence under Sec. 307 of the Indian Penal Code and while passing sentence upon him, directed him to suffer rigorous imprisonment for five years. There was no sentence of fine imposed upon the appellant.

(2.) In the background of enmity on a dispute for a particular land, the informant, who happens to be the Mahanth of a temple, alleged that a Panchayati was convened at the residence of one Yadolal Sah in which 13 persons named in the written report had come to participate. It was alleged that accused persons fired at the order of one Yogendra Singh, the father of the appellant to kill the Mahanth, as so long the Mahanth was alive no one was likely to be elected as the Mukhiya of the Panchayat. It was stated that this appellant targeted the informant by a country made pistol and also pulled the trigger of the weapon but it did not fire, where after the accused persons ran away from the place of occurrence

(3.) On the basis of written report (Ext. 1), the FIR of the case (Ext. 3) was drawn up and the investigation was carried out, which ultimately ended in submission of the charge sheet and the appellant being forwarded for trial.