RAJENDRA RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises out of judgment of conviction, order of sentence dated 15/16.03.2010 passed by 5th Additional Sessions Judge, Bhojpur, Ara in Sessions Trial No. 174 of 2007, whereby sole accused appellant herein has been convicted for the offence under Sec. 304 of the Penal Code read with Sec. 25 (1-B)A and 27 of the Arms Act, directed to suffer Rigorous Imprisonment for eight years, fine of Rs.span 25,000.00 for the offence under Sec. 304 of the Penal Code, three years, fine of Rs.span 1,000.00 for the offence under Sec. 25 (1-B) A and 27 of the Arms Act. The sentences, however, have been directed to run concurrently.

(2.) Prosecution case as set out in the fardbeyan of Tulsi Devi, wife of Suraj Ram, resident of Village-Jamorhi, P.S. Piro (Hasan Bazar) in the district of Bhojpur, recorded by Sub Inspector Bimal Kumar, Officer-in-Charge, Hasan Bazar Out Post at Middle School, Narayanpur on 29.12.2005 at 7:30 A.M is that on the same day i.e. Saturday around 6:30 A.M. her son Chhote Lal, aged about 8 years had gone to play in Kali Mai Asthan Field. The informant was attending to her house-hold chores, her husband had gone to harvest paddy. At the same time, her other son came, told her that Chhote Lal has suffered fire-arm injury. In the meanwhile younger son of the informant Chhote Lal was brought by Sri Ram Ram, Sanjay Ram in injured condition as he had suffered fire-arm injury in his ribs, was crying with pain. Sometime earlier informant also heard firing sound but thought cracker may have exploded. Sri Ram Ram on being asked by the informant told her that little earlier he and other villagers were at the Sahan of their maternal uncle Barchu Ram, enjoying the bonfire. At the same time co-villager Palki Ram was going to eastern side of the village towards Kali Mai Asthan followed by the appellant. Appellant told Palki Ram in abusive language to stop, Palki Ram continued to move ahead but Rajendra Ram ran and apprehended him. Palki Ram some-how managed to run where after Rajenda Ram shot at him with his country made pistol, the shot missed its target causing injury to Chhote Lal. Informant put her injured son on a cot and was taking him to Hasan Bazar, reached near Narayanpur School, met the scribe, recorded her fardbeyan. There is quarrel between Rajendra Ram and Palki Ram from before as Rajendra Ram suspects Palki Ram of having illicit connection with the wife of his elder brother Sohrai Ram and disliked him, for the said, Rajendra Ram, with intent to kill Palki Ram, shot at him with his country made pistol (Katta) but the shot missed its target and Chhote Lal got injured while playing. Statement of the informant having been read over to her in presence of two witnesses, namely, Sri Ram Ram, Sanjay Ram, she having found the statement correct, put her Right Thumb Impression over the same. Said two witnesses also put their signature over the fardbeyan.

(3.) Bimal Kumar, scribe of the fardbeyan, forwarded the same to Piro Police Station for instituting a case under Sections 308/326 of the Penal Code and Sec. 27 of the Arms Act on the same day stating that he shall investigate the case. In the light of the fardbeyan, Officer-in-Charge Piro Police Station registered Piro (Hasan Bazar) P.S. Case No. 201/05 dated 24.12.2005 at 10:00 A.M. for the offence under Sec. 308/326 of the Penal Code and Sec. 27 of the Arms Act with further endorsement that Sub Inspector Bimal Kumar shall investigate the case. Column No. 15 of the First Information Report indicates that the First Information Report was dispatched to the Court on 25.12.2005, was also perused by the Chief Judicial Magistrate on the same day, as would appear from his initials on the first page of the First Information Report and the fardbeyan. Further statement of the informant, police statement of the witnesses was recorded by the Investigating Officer. Later, Investigating Officer learnt from the informant that her son died on 31.12.2005 while under treatment at P.M.C.H.