NIRBHAY SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Appellant Nirbhay Singh alias Nirbhay Narain Singh has been convicted and sentenced to R.I. for life under Sec. 302 I.P.C. and R.I. for three years under Sec. 27 of the Arms Act, by judgment dated 16.5.2015 and 19.5.2015 respectively passed by the 4th Additional Sessions Judge, Nalanda at Biharsharif in Sessions Trial No. 1044 of 2006.

(2.) The case of the Informant Naveen Kumar (P.W.4) is that on 16.03.2006 at about 9 P.M. the Appellant and acquitted five accused came towards his door variously armed and started to abuse him and asked him to come out of the house. Fearing danger he ran to the house of his neighbour Umeshwar Prasad Singh and hid in a room in his Dalan and started to look from the window. He saw the accused following him. In the meanwhile his mother came out also screaming looking for him and when she reached in front of the house of his neighbour Umeswhwar Prasad Singh two more accused persons including some other persons, he could not identify, also variously armed surrounded his mother and asked as to where Naveen Kumar i.e. the Informant had gone. Thereafter Appellant Nirbhay Narain Singh fired at the deceased on her head, on account of which she fell down dead. The accused then started to look for him and variously firing departed. He stated that he had seen and identified the accused persons in the electricity and moon light. This statement was recorded at the door of Umeshwar Prasad Singh (P.W.8) at 1 A.M. by the Officer Incharge of Katrisarai Police Station, who has not been examined.

(3.) During trial, the prosecution examined ten witnesses. P.W.10 Naresh Prasad is a formal witness, who proved the signature on the fardbeyan and the First Information Report as Exhibits 5 and 5/1. The forwarding report on endorsement has been marked as Exhibit 5/2 and the Inquest report as Exhibit 6, Seizure list as Exhibit 7 and the case diary as Exhibit 8.