NAND KISHORE DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is against the judgment dated 28.5.1990 of the Assistant Sessions Judge, Naugachia passed in Sessions Case No. 169/83 G.R. Case No. 696/83 whereby each of the appellants has been convicted under Sec.307 of the Indian Penal Code and sentenced to R.I. for ten years. Each of the appellants has also been convicted under Sections 147 and 148 of the Indian Penal Code and respectively sentenced to undergo R.I. for one year and R.I. for three years.

(2.) THE fardbeyan of the informant Kishun Das (P.W. 8) was recorded on 13.8.1983 at 3.30 A.M. He alleged that in the preceding night at 9 '0 clock he went and slept on a mat at the Darwaja of Surya Narayan Das (P.W. 2). In the midnight at 12 '0 clock 4 -5 persons came there and surrounded him and flogged at as result of which he woke up and stood up on his legs. Then he saw the appellants except the appellant Prasadi Lal Das. The informant further alleged that he asked the appellants as to why they whipped at him and he cried for help. Then it is said that the appellant Nand Kishore Das fired his country -made pistol, hitting on the right arm of the informant as a result of which, the informant fell down on receiving injury. The informant also alleged that Dhaneshwar Das also received injury due to the same shot fired by the appellant Nand Kishore Das. Then the informant says that the appellants fled away and that at the time of fleeing the appellant Banarshi Das had made a sky fire. About cause of occurrence, the informant also stated that a litigation was going on between him and Babulal Das and due to the litigation the appellant Prasadi Lai Das caused the occurrence. On the basis of fardbeyan F.I.R. was registered and investigation was commenced. On completion of investigation chargesheet was submitted and the appellants were put on trial and thereafter they have been convicted and sentenced as above.

(3.) THE I.O. of the case has not been examined by the prosecution.