KISHORI MAHTO Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) By the judgment of conviction dated 16.07.2015 and order of sentence dated 21.07.2015 passed by the 2nd Additional Sessions Judge, Lakhisarai, in Sessions Trial No. 201 of 2009 arising out of Halsi P.S. Case No. 95 of 2008, the sole Appellant has been convicted under Section(s) 302, 307 Indian Penal Code and Sec. 27 of the Arms Act and sentenced to undergo rigorous imprisonment for life with fine Rs. 10,000.00 under Sec. 302 Indian Penal Code and in default of payment of fine further rigorous imprisonment for one year, rigorous imprisonment for seven years with fine of Rs. 2,000.00 under Sec. 307 Indian Penal Code and in default of payment of fine further rigorous imprisonment for four months, rigorous imprisonment for three years with fine of Rs. 2,000.00 under Sec. 27 of the Arms Act and in default of payment of fine further rigorous imprisonment for four months. All the sentences were ordered to run concurrently.

(2.) The case of the Informant, Bhola Sah, (PW 7) is that in the night of 24.09.2008 while his son Onkar Sah was sleeping along with his family, at about 11.00 PM, he suddenly heard shot of gun firing. He then screamed and found his son Onkar Sah and his grand sons Prince and Ritesh alias Golu injured. All the three injured were taken to Lakhisarai Hospital from where the doctor referred them to Patna, but on way his grand-son Ritesh @ Golu died, whereas, Onkar Sah and Prince were taken to hospital at Patna. He did not identify the person, who had fired but his son Onkar Sah had identified him who was taken to hospital at Patna. He then instituted the present case against unknown accused on the next morning at 7.00 AM at Jamui More, Lakhisarai.

(3.) During trial, the prosecution examined eleven witnesses.