GAYA PRASAD MEHTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Vipul Sinha, learned Amicus Curiae on behalf of the appellant and Mr. Z. Hoda, learned APP appearing for the State.

(2.) This appeal has been preferred by the appellant Gaya Prased Mehta, being aggrieved and dissatisfied with the judgment of conviction and order of sentence, dated 19th of October, 2006 passed by the learned Additional Sessions Judge I, Aurangabad in Sessions Trial No. 133/95 and 121/2000, arising out of Aurangabad (Town) P.S. Case No. 216 of 1994, whereby and where-under appellant is convicted under Sec. 307 of Indian Penal Code and awarded sentence to undergo rigorous imprisonment of 7 years and further convicted under Sec. 341 of Indian Penal Code and sentence him to undergo simple imprisonment for 1 month and again convicted under Sec. 27 of Arms Act and sentence him to undergo rigorous imprisonment for 3 years. However, all the sentence have been ordered to run concurrently.

(3.) The Prosecution case is based on the Fardbyan of informant, Gopal Prasad, stating therein that on 26th of June, 1994 at about 9 P.M., having closed his shop Gopal Prasad was on his way to home on the motorcycle and as soon as he reached near Narendra Talkies Cinema hall, three miscreants coming from opposite direction stood up on the road and prevented him from moving forward. Meanwhile, one of them, with the description of light dark colour, healthy and well built and having average height, extricated revolver from his waist and fired at him. Fortunately, the bullet did not hit him but the gun powder emitted there from caused injury on the face, near right eye and cheek, leading to bleeding. When the informant raised alarm as 'Dacoit-Dacoit', they left the scene of occurrence. He claimed to identify on seeing them.