SURENDRA SAH @ SULIYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Surendra Sah @ Suliya is before us through the present appeal which he filed to challenge the correctness of the finding of his guilt and the appropriateness of the sentence which was passed upon him by the learned Presiding Officer of Fast Track Court No. IV, Begusarai on 13.11.2006 and 17.11.2006 respectively in Sessions Trial No. 100 of 2005. After being indicted of committing the two offences, like, 302 of the Indian Penal Code and 27 of the Arms Act, the appellant was held guilty of committing them and after being heard under Sec. 235 Crimial P.C., he was directed to suffer rigorous imprisonment for life under Sec. 302 of the Indian Penal Code and rigorous imprisonment for three years also under Sec. 27 of the Arms Act. The learned trial Judge directed that the sentences were to run concurrently.

(2.) The prosecution story as per the fardbeyan (Ext.4) is that the informant Subodh Kumar (P.W.8) along with his father Kamaldhari Singh @ Bela Singh (P.W.3) as also his brother deceased Vinod Kumar Singh had left their house to go to their orchard which was situated at a distance of about 500 yards north-west of his house. While they were returning from their orchard to their house and when they had reached near the house of one Kishore Sonar situated in Sonarpatti part of the village, four accused persons including the present appellant named in the First Information Report appeared there armed with pistols and surrounded the deceased. This appellant is said to have asked the deceased as to why he did not pay up the Rangdari tax and is said to have simultaneously fired at the deceased which hit him in his left arm. The deceased started running for his life when accused Vijay Poddar fired the other shot which hit him in his back. The deceased ran for some distance, but fell down whereupon the other accused Chandan Kumar @ Ganna fired into his temple as a result of which the deceased breathed his last there at the spot. The informant stated that he attempted to save his brother but the fourth accused Munna Sah fired a shot at him which did not hit him. The four accused persons ran away towards north firing shots.

(3.) As regards the reason for committing the murder of deceased Vinod Kumar Singh, it was stated that about ten days prior to the incident, accused Chandan Kumar @ Ganna had asked the deceased to pay up Rs. 50,000.00 as extortion money which had not been paid to him and the deceased rather disseminated the above story amongst the villagers. P.W.1 stated that the occurrence had been witnessed by him and others of the village.