DEOKANT MISHRA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) By the judgment of conviction and order of sentence dated 16.03.2011 passed by the 1st Additional Sessions Judge, Samastipur, in Sessions Trial No. 255 of 2009 arising out of Mohiuddin Nagar P.S. Case No. 162 of 2008, the sole Appellant has been convicted under Section(s) 324, 307, 302 Indian Penal Code and Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment life under Section 302 Indian Penal Code, rigorous imprisonment for ten years under Section 307 Indian Penal Code, rigorous imprisonment for three years under Section 324 Indian Penal Code, and rigorous imprisonment for seven years under Section 27 of the Arms Act. All the sentenced were ordered to run concurrently.

(2.) Case of the prosecution according to the Informant, Shiv Kumari Devi (PW 5) is that there was some dispute between her family and that of the Appellant, Deokant Mishra, who happens to be the younger brother of her husband. Earlier, the Appellant, Deokant Mishra, had installed a Pillar after getting the land measured. On the date of occurrence, her husband deceased, Harikant Mishra, had called an Ameen, who said that the map was not correct and, therefore, the land could not be measured and he left. At about 4.00 PM, she along with his son (Murlidhar Mishra), daughter (Rita Devi), deceased Husband (Harikant Mishra) and grandson (Navin Kumar) went to the Appellant, who was sitting at his door. Her son, Murlidhar Mishra (PW 4), and grandson (PW 3) after offering initial pleasantries asked him as to why he had fixed Pillar on the land without getting proper measurement. The Appellant reacted and told her son to leave or else he would shot him dead. Her son reiterated that he could do whatever he like. The Appellant ran inside and came out with his licensed double barrel gun which his wife deceased, Laxmi Devi, caught hold of and told him not to fire. However, the gun fired which hit the deceased, Laxmi Devi, on her head and she fell down dead. The Appellant thereafter shot at her husband, Harikant Mishra, who was standing near the Pillar fixed by the Appellant in the back of his house. Her husband also fell down dead. When her son wanted to lift him up, Appellant once again fired on account of which he was injured. Thereafter, the Appellant started firing indiscriminately due to which Rita Devi (PW 2), grandson, Navin Kumar (PW 3), and a passerby Kaliya Devi (not examined) sustained injuries. They were taken to the hospital for treatment. According to her, several villagers witnessed the occurrence. She alleged that the Appellant also sustained injuries when he fell down while fleeing.

(3.) During trial, the prosecution examined twelve witnesses, whereas, the defence examined two witnesses including the Appellant himself as DW 2.