GUDDU MISHRA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Sole Appellant has been convicted under Sec. 302/34 I.P.C. and sentenced to R.I. for life and fine of Rs. 5,000/ -, in default of which simple imprisonment for six months and R.I. for three years and fine of Rs. 2000/ - under Sec. 27 of the Arms Act, in default of which simple imprisonment for three months, by judgment dated 18/21.8.2010 passed by the Additional Sessions Judge, F.T.C. IV, Bettiah, West Champaran in Sessions Trial No. 581 of 2007.

(2.) The case of the prosecution according to Rameshwar Nath Tiwari (P.W.4) is that on 18.8.2000 at about 5.30 P.M. when he was returning along with Uma Shankar Tiwari (P.W.3) and had reached a certain point, he suddenly heard sounds of his father screaming that he had been shot and he should be saved. He then turned around and saw his father riding a bicycle being chased by four persons generally firing at him. Just then four other persons came out from the front and started firing at his father, which hit him and then he fell down. Thereafter the Appellant is said to have fired on the left temple. He identified four accused persons including one Rustam Ali. This information was given on the same day at 10 P.M. in his house before the Officer Incharge, Sikta Police Station, who has not been examined.

(3.) During trial the prosecution examined five witnesses. Importantly P.W.3 Uma Shankar Tiwari, who happens to be the cousin brother of the Informant and is named in the First Information Report, did not support the case of the prosecution and was declared hostile. He is said to have been mentioned as one of the persons, who was with the Informant. He stated that while he was returning from the market he heard shots of fire and his uncle screaming for help. He then saw 4 -5 persons firing at him but he could not identify any of them nor was any names disclosed within his hearing.