LAL MOHAR SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned Addl. P.P. appearing for the State.

(2.) This appeal is directed against the judgment of conviction dtd. 31/8/2015 and order of sentence 4/9/2015 passed by the Additional Sessions Judge, VIII, Rohtas at Sasaram in Sessions Trial No. 373 of 2009, whereby and whereunder the appellant has been convicted for the offence punishable under Sec. 302 of the Indian Penal Code and sentenced to undergo imprisonment for life with fine of Rs.10,000.00 and in default of payment of fine, the appellant has been directed to undergo further simple imprisonment for 1 year. The appellant has been further convicted for the offence punishable under Sec. 27 of the Arms Act and has been sentenced to undergo rigorous imprisonment for 7 years with fine of Rs.5000.00 and in default of payment of fine, he has been directed to undergo simple imprisonment for 6 months. Both the sentences have been directed to run concurrently.

(3.) The prosecution case, in brief, is that one Hira Lal Sah (P.W.4) gave his statement stating therein that his elder brother Lal Mohar Sah (appellant) was shouting at the Darwaja that Dilip Kumar son of the informant stolen Rs.100.00 from his pocket and thereafter he abused. In the meantime, his mother Sukeshwar Kuer told that he will return the aforesaid amount. The informant came out of his house and saw that his brother abusing and then inquired from his mother who disclosed about the same and thereafter, the informant gave Rs.100.00 to his brother. Further, it is stated that in the meantime, son of the appellant namely Sanjay Sah came and assaulted his mother and when informant came for rescue her then appellant fired which hit on the head of Dilip Kumar from where he was taken to hospital where his treatment was going on.