SHEOJI TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant stands convicted under Section 302 of the Indian Penal Code and has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 5000/- and in default, to undergo rigorous imprisonment for two years. He further stands convicted under Section 27 of the Arms Act and has been sentenced to undergo rigorous imprisonment for two years. Both the sentences are to run concurrently.

(2.) The prosecution version as disclosed from the Fardbeyan is that on 12-11-1980 at about 7. 00 p.m. informant Sukhdeo Yadav was sitting in his shop along with his son Mathura Yadav (deceased) and was checking the accounts of the shop. It is said that appellant-Sheoji Tiwary and his brother Sheonath Tiwary (since dead) came to the shop and Sheoji Tiwary shot at Mathura Yadav which hit his right thigh and he became unconscious. Co-accused-Sheo Nath Tiwary (since dead) took out the sale proceeds of the shop and fled away from there. It is also said that the informant tried to follow the assailant but the appellant-Sheoji Tiwary again shot a fire though it did not hit him. The deceased was taken to the local hospital and from there he was being taken to Siwan Sadar Hospital and on the way he succumbed to his injuries.

(3.) The Fardbeyan was recorded on that very day at 9.00 p.m. by the S.I. A. Rahman Khan of Siwan Town Police Station at Sadar Hospital, Siwan, on the basis of which formal First Information Report was drawn up. Usual investigation took place and charge-sheet was submitted against the appellant and his brother.