PRAMOD SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against judgment of conviction dated 25.9.2008 and order of sentence dated 26.9.2008 passed by the learned Additional Sessions Judge, F.T.C. -III, Lakhisarai in Sessions Trial No. 395 of 2007 arising out of Lakhisarai P.S. Case No. 49 of 2006 by which the sole appellant has been convicted and sentenced to rigorous imprisonment for life under Section 302 I. P.C. and further convicted under Section 27 of the Arms Act. No separate sentence has been passed under the Arms Act.

(2.) THE prosecution case, in brief, is that Sintu Kumar (P.W. 1) gave information to S. I., S.K. Singh of Lakhisarai Police Station on 3.2.2006 at 11.30 hours at village Balgudar on National Highway 80 that he was working as a khalasi on the jeep of Tinku Pandey of village Jaitpur. On 3.2.2006 at 9 A.M. he was travelling on Jeep No. BR53 -2558 from Barahiya to Lakhisarai which was driven by the driver Deepak Kumar (deceased). When the jeep reached near the village Balgudar near a peepal tree, Ram Bilash Singh (absconder) of village Barahiya District Lakhisarai, owner of TATA -407 bearing Registration No. BR23P -9615 and Pramod Singh (appellant) resident of village Balgudar Pachhiyari Tola, Police Station & District Lakhisarai stopped the jeep and Pramod Singh (appellant) began to assault the driver then Ram Bilash Singh asked Pramod Singh to shoot him. Both of them were telling that why the jeep was being plied on that road, thereafter the driver out of fear and complex tried to turn back the jeep which fell in a ditch. In the meantime, Ram Bilash Singh (absconder) shot fire at the aforesaid driver (deceased) and the appellant Pramod Singh also shot fire causing the death of the deceased. After seeing the occurrence passengers of the jeep got down. The informant went to village Jaitpur to give information of this occurrence after returning from Jaitpur, he gave his fardbeyan to the police officer. The reason for the occurrence was that the accused Ram Bilas Singh had asked several times the deceased not to ply the vehicle in spite of that the jeep was plied. The fardbeyan was witnessed by Sudhir Kumar Singh (P.W. 4).

(3.) THE prosecution has examined following witnesses to prove its charge: - P.W. 1 Sintu Kumar, P.W. 2 Ranjeet Kumar, P.W. 3 Pintu Kumar, P.W. 4 Sudhir Singh, P.W. 5 Babloo Kumar, P.W. 6 Sudama Singh, P.W. 7 Bimal Deo Singh, P.W. 8 Rohit Singh, P.W. 9 Shanti Devi, P.W. 10 Jyotindra Nandan Azad, P.W. 11 Arun Kumar Singh, P.W. 12 Dr. Parshuram Prasad.