JAGARNATH TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Sunil Kumar appearing for the appellants as well as Mr. Mukeshwar Dayal, learned Additional Public Prosecutor for the State.

(2.) These appeals have been preferred by the appellants challenging the judgment of conviction and order of sentence dtd. 27/2/2006 passed by learned Additional Sessions Judge FTC No. III, Patna in Sessions Trial No. 271 of 1996 and 45/2005 arising out of Bikram P.S. Case No. 134 of 1995, whereby and whereunder appellant, namely, Jagarnath Tiwari has been convicted for the offence punishable under Ss. 307 and 34 of the Indian Penal Code and Sec. 27 of the Arms Act. Whereas appellant, namely, Ramayan Tiwari has been convicted under Sec. 307 of I.P.C and Sec. 27 of the Arms Act and they were sentenced to undergo rigorous imprisonment for 7 years under Ss. 307/34 of IPC and Sec. 307 of IPC respectively and they have further been sentenced to undergo rigorous imprisonment for 3 years under Sec. 27 of the Arms Act.

(3.) Prosecution case in short is that informant, namely, Malti Devi (P.W.-2) has given her statement in the fardbeyan (Ext-3) on 23/5/1995 at about 10.30A.M. before S.I. Sri Prahlad Sharma (P.W.-7) at village-Gorakhari alleging therein that on 22/5/1995 at about 7 P.M. the informant was at her house and her husband Kameshwar Tiwari (P.W.-1) was sitting on roof and son of the informant, namely, Umesh Tiwari(P.W.-5) was going to take bath. In the meantime, Ranjit Tiwari aged about 8 years son of Sunil Tiwari came at the house of the informant and asked Umesh Tiwari that one person of village Datiyana is calling you, on which, Umesh Tiwari went along with Ranjit Tiwari. After sometime, he returned and from the house of Butan Tiwari alias Ram Krishna Tiwari, two persons came out. The informant was seeing them from the roof. Accused/appellant Ramayan Tiwari was standing at the corner of the house. Accused Sudhir Tiwari and appellant Jaggarnath Tiwari had come out from east side from the house of Butan Tiwari and appellant Ramayan Tiwari was standing at the corner of the house of Rangnath Tiwari. All the above three accused persons have surrounded Umesh Tiwari and with intention to kill, appellant Ramayan Tiwari fired upon him(informant's son) due to which he sustained injury. Son of the informant( Umesh Tiwari) stated that after making plan, appellants along with other co-accused person opened fire on him. The reason for this as alleged occurrence is that accused Sudhir had taken Rs.15,000.00 from the son of the informant for giving him employment and due to demand of the aforesaid money, the alleged occurrence took place.