RAJENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Rajendra Singh who has been found guilty for an offence punishable under Sec. 324 Penal Code and 27 of the Arms Act and further been directed to undergo R.I. for two years under each count respectively vide judgment of conviction and sentence dated 13-02-2002 delivered by Presiding Officer, Additional Court No.1, (Fast Track Court), Rohtas at Sasaram in Sessions Trial No.413 of 1985/52 of 2001 has challenged the same under instant appeal.

(2.) Shorn of unnecessary details, the prosecution case as is evident from fardbeyan of PW-3, Mudrika Ram recorded on 17-07-1984 at about 04:00 PM at Sadar Hospital, Sasaram disclosing therein that on the same day at about 09:00 A.M. Sarju Singh was ploughing his field while his father Bansropan Singh was dressing the ridge by spade which was resisted by Naresh Ram and on account thereof, Bansropan Singh began to abuse. There was commotion attracting so many persons including he himself. Gurucharan Singh came and provoked by saying that these people be ruthlessly treated. During midst thereof, appellant Rajendra came running with a gun and fired from a distance of thirty feet on account of which he became injured. He fell down. He then was being lifted to hospital. Awadhesh Singh and Rajendra Singh having duly armed with pistol tried to prevent them during midst of way however, at the instance of Chowkidar, Jag Narayan, they allowed to proceed.

(3.) On the basis of the aforesaid fardbeyan, Sasaram (Muffasil) P.S. Case No.346 of 1984 was registered followed with investigation as well as submission of charge sheet whereupon the case was committed to the court of session after cognizance and ultimately, the accused persons faced trial out of whom save and except appellant, rest were acquitted.