NEPALI YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) APPELLANT has been convicted under section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years and a fine of Rs. 10,000/ - and in default the payment of fine to further undergo simple imprisonment for two months. He has further been convicted under section 27 of the Arms Act and has sentenced to undergo rigorous imprisonment for two years. However, it has been ordered that both the sentences shall run concurrently.

(3.) THE ferdbeyan of the informant Santosh Kumar (P.W. 2) was recorded at Emergency ward of Jawahar Lal Nehru Medical College, Bhagalpur by S.I. R.K. Sharma (P.W. 8), S.H.O. Sultanganj at 11.45 hours on 15.7.2010 and the ferdbeyan was forwarded for lodging of the F.I.R. and R.K. Sharma continued with the investigation. The F.I.R. lodged bearing Sultanganj P.S. Case No. 121 of 2010 dated 16.7.2010. After lodging of the investigation he proceeded with the informant and inspected the P.O. is Gopal Road, Sultanganj to the south of Bishahani Asthan which is his Bangla adjoining his pucca building and informant of the said Bangla, there is vacant land and in the said vacant land, there was a hut where the informant talked with his person. The I.O. recorded the statement of the witnesses, obtained the injury report and thereafter, after completing the investigation, submitted the charge sheet on which the cognizance taken and the case was committed to the court of Sessions where charge was framed for the offence under sections 307 and 27 of the Arms Act and during the trial, eight witnesses were examined by the prosecution out of which P.W. 1 is Abhishek Anand the nephew of the informant and who has deposed that while the informant was talking along with Prakash Yadav (P.W. 2) and Abhishek (P.W. 1) then at once Santosh Yadav came out of the said Bangla and thereafter, after some time they entered into the Bangla making at cry and running. On seeing him running, all the witnesses ran and in this process, the P.W. 1 Abhishek fell down and got unconscious and after some time when he got conscious then he learnt that some has shot at Santosh causing injury on his back. This witness P.W. 1 has stated that he had not seen the person who fired at the informant. P.W. 2 is Santosh Kumar and he has stated that while he was talking along with his brother Prakash and nephew Abhishek then at once Nepali came and fired and when the informant tried to flee away then the fire hit on his back bone and he was taken to Referral Hospital, Sultanganj where he was referred to Jawahar Lal Nehru Medical College Hospital, Bhagalpur and as per his evidence at the time of occurrence, he was sitting on the chair.