DINESH PASWAN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned counsel for the State.

(2.) THIS appeal arises out of the judgment of conviction 02.06.2014 and order of sentence dated 06.06.2014 passed by Shri Housila Pd. Tripathi, learned Additional Sessions Judge, Ad -hoc II, Madhepura, by which the sole appellant had been convicted for offence under Section 307 of Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years and payment of fine of Rs. 5,000/ - and on non -payment of fine further imprisonment for six months. The appellant had further been convicted for offence under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for five years and payment of fine of Rs. 3000/ - and on non -payment of fine further imprisonment three months All the sentences were directed to run concurrently.

(3.) ON written report of the informant Manish Kumar, P.W.4 F.I.R. was lodged and investigation proceeded. Though, occurrence as alleged on 01.05.2012, but written report was submitted on 08.06.2010 and F.I.R. was lodged on 08.06.2012. However, explanation has been given that after the occurrence the informant was referred to P.M.C.H. by the doctor who examined the informant on 02.05.2012 and referred to P.M.C.H. Thereafter, the informant gave written report on 11.05.2012, but police recorded Fardbeyan on 08.06.2012. The police after investigation submitted charge sheet. Cognizance was taken and case was committed to the Court of Sessions.