SATENDRA SINGH AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants as well as learned Additional P.P. Appellant Satyendra Singh has been found guilty for an offence punishable under section 324 of the I.P.C. and under section 27 of the Arms Act and has been sentenced to undergo rigorous imprisonment for three years independently under both heads with a further direction to run the sentences concurrently while appellants Rajendra Singh, Yogendra Singh and Bijednra Singh have been found guilty for an offence punishable under section 324/34 of the I.P.C. and were let of giving privilege of 360 (1) of the Cr. P. C. directing them to Execute bond of Rs. 2000.00with one security with a further direction to maintain good behavior for the period of one year and in default thereof, to be present for substantial sentence, vide judgment of conviction and sentence dated 28.01.2002 passed by Additional Sessions Judge 5th, Bhojpur, Arrah in Sessions Trial No. 30/95, have preferred instant Appeal.

(2.) Shorn of unnecessary details, the prosecution case as is evident from fardbeyan of Baban Singh, PW-3 recorded on 19.08.1993 at about 9.30 P.M. at Sadar Hospital, Arrah that his co-villager Bijendra Singh had came over his roof of his house and taken out ear ring of his sister Ramjari Devi, unfortunately was apprehended and subsequently, was produced at Belbahia police camp. On the following day, the police came and a Panchyati was convened, wherein he was let of.

(3.) In the aforesaid background, on the date of occurrence i.e. on 19.8.1993, at about 4 P.M. Satyendra Singh armed with country made pistol, Rajendra Singh and Yogendra Singh armed with Bhala and Bijendra Singh armed with lathi came at his Darwaza, where he was sitting since before. Just after reaching, Satyendra Singh fired, causing injuries at his left thigh. He raised alarm, attracting his neighbors Paras Singh, Hanuman Singh, Laxman Singh, Ramgrihi Singh, and Professor Singh etc, who rescued him and lifted to hospital.