AMBIKA SAH AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Appeal is directed against the judgment dated 31st Jan., 2014 and the order dated 3rd Feb., 2014 passed by the learned Ad hoc Additional Sessions Judge-IV, Bettiah, West Champaran in Sessions Trial No. 8 of 2005 arising out of Bairiya P.S. Case No. 50 of 1996 whereby and where under they have been held guilty for the offences punishable under Sections 307 read with 34, 323 read with 34 of the Indian Penal Code and 27 of the Arms Act and sentenced to undergo R.I. for one year under Sec. 323 read with 34, R.I. for seven years and to pay a fine of Rs. 5,000.00 each under Sec. 307 read with 34 of the Indian Penal Code and in default of payment of fine to further undergo simple imprisonment for six months each for the said charge and to undergo rigorous imprisonment for three years under Sec. 27 of the Arms Act and a fine of Rs. 3,000.00 each and in default of payment of fine to further undergo simple imprisonment for three months each. All the sentences passed by the court below have been ordered to run concurrently.

(2.) On the basis of fardbeyan of Ramdeo Sharma recorded by Assistant Sub-Inspector of Police, S.D. Pal of Town Police Station, Bettiah on 27th April, 1996 at 11.30 a.m. at M.J. K. Hospital, Bettiah, Bairiya P.S. Case No. 50 of 1996 was registered for the offences punishable under Sections 341, 323, 307 read with 34 of the Indian Penal Code and 27 of the Arms Act against the appellants of the present case.

(3.) In short, the allegation is that while the informant along with one Feku Sah proceeded for his house at Gulabbagh, Bettiah on motorcycle from his house at Balua Rampurwa and when he reached near Hadehi bridge at about 9.00 a.m. he saw the appellants sitting along with arms. All of a sudden, the appellants opened fire from the country-made revolver causing injuries on the head, waist and thigh of the informant as a result of which blood started oozing out profusely. The appellants are also alleged to have assaulted the pillion rider Feku Sah by iron rod and lathi. As a result of assault on them, they fell down from motorcycle. In the meantime, one of his villagers came there on a tractor. On seeing the informant and Feku Sah in an injured condition, an alarm was also raised where after, several persons gathered there. The two injured were then taken to M.J.K. Hospital, Bettiah for treatment on tractor.