AJAY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the Appellants and learned counsel appearing on behalf of the Additional Public Prosecutor.

(2.) All the Appellants have been convicted by a Judgment of conviction and order of sentence dated 09/14.12.2009 passed by the 1st Additional Sessions Judge, Siwan in Sessions Trial No. 277 of 2009 under section 302/34 I.P.C. and sentenced to undergo Rigorous Imprisonment for life and fine of Rs. 20,000/- each and in default of which, six months Rigorous Imprisonment. Further Appellant Ajay Singh has been convicted under section 27 of the Arms Act and sentenced to undergo Rigorous Imprisonment for three years with a fine of Rs. 2000/-, in default of which, rigorous imprisonment for one month.

(3.) The case of the prosecution, according to P.W. 2 Kamal Chauhan, father of the deceased is that on 22.12.2006 at about 6:30 P.M. he had an altercation at the shop of Lakshmi Chauhan with Appellant Ajay Singh and thereafter, both went home. At about 10:00 P.M. while he was lying down at his Bathan, suddenly the accused persons namely Ajay Singh, Suraj Singh and Krishna Singh came there and asked about the Informant. His son, deceased Shyam Bihari Chauhan also appeared and asked the Appellants as to why they were looking for his father then co-accused Rama Shankar Singh (not sent up for trial) ordered to kill him. While the rest of the Appellants caught hold of the deceased, Appellant Ajay Singh shot him at the forehead from a close distance. His brother Chhangur Chauhan (P.W. 3) also told him that about 10-15 minutes back, the Appellants and some other unknown persons had come to the house variously armed looking for him and having information that he was at his Bathan, they left for the same. He himself followed the accused persons. The Informant further disclosed that after the occurrence took place, he lit the torch and identified the accused persons. This information was purportedly given at 11.30 pm. before the Officer-In-Charge (P.W.9), Mairwa Police Station, Siwan. We also find that the First Information Report was instituted the very next morning at 7.30 am. and reached the Court on the same day.