NANHKU RAM Vs. THE STATE OF BIHAR

JUDGEMENT

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

(2.) Appellant -Nanhku Ram has been convicted under Sec. 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 5,000/ - and in payment of default to undergo simple imprisonment of three months. He has further been convicted under Sec. 27 of Arms Act and has been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 3000/ - and in default of payment to undergo simple imprisonment for two months. He has further been convicted for offences under Ss. 354, 324, 323, and 504 of the Indian Penal Code and has been sentenced to undergo simple imprisonment of one year each and has further been convicted and sentenced under Ss. 341 and 447 of the Indian Penal Code and has been sentenced to undergo simple imprisonment of one month each. However, it has been ordered that the sentences shall run concurrently.

(3.) The prosecution case, as alleged, in the First Information Report by the informant - Umesh Ram is that on 01.01.2011 at 7 P.M. while he was in his grocery shop, Nanhku Ram came to his shop in drunken condition and tried to outrage the modesty of women who had come to his grocery on which the informant protested and Nanhku Ram started abusing. In the meantime, the elder brother of the informant - Janakdeo Ram came out of his house and tried to drive away Nanhku Ram on which Nanhku Ram threatened to teach the lesson and went away. After 15 minutes Nanhku Ram along with his brother Birendra Ram as well as one more co -villager Jamuna Ram came to the Darwaza of the informant. The informant and his brother protested and asked them to go away from the shop. In the meantime Nanhku Ram took out a pistol from his waist and fired at the brother of the informant with an intention to kill him. The firing hit in the abdomen of Janakdeo Ram, the elder brother of the informant as a result of which he fell down. On seeing this occurrence, the informant tried to catch hold of Nanhku Ram then Nanhku Ram gave a blow by butt of the pistol on the head of the informant. The informant got injured on his head but even then the informant snatched the pistol from Nanhku Ram. Subsequently Birendra Ram and Jamuna Ram, who had come along with the accused Nanhku Ram, pushed the informant and the informant fell down and thereafter Jamuna Ram snatched the pistol from the hand of the informant. On hulla, neighbours came and tried to catch hold of the three but all the three managed to escape by jostling with the villagers. Further case is that injured Janakdeo Ram became unconscious and was taken to Primary Health Centre, Baroon and on seeing serious nature of injury referred the injured to hospital.