KANHAIYA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant, Kanhaiya Yadav, against the judgment of conviction dtd. 5/7/2014 and the order of sentence dtd. 9/7/2014 passed by the court of the learned Ad hoc Additional District & Sessions Judge-V, Lakhisarai, in Sessions Trial No. 27A of 2006, whereby and whereunder the appellant has been convicted for the offences punishable under Sec. 323 of the Indian Penal Code (in short, "IPC") and Sec. 27 of the Arms Act. The appellant has been sentenced to undergo simple imprisonment for one year for the offence punishable under Sec. 323 of the IPC and to undergo imprisonment for three years with a fine of Rs.500.00 for the offence punishable under Sec. 27 of the Arms Act. In default of payment of fine, he has been directed to undergo one month's imprisonment additionally. Both the sentences of imprisonment have been directed to run concurrently by the trial court.

(2.) The substance of the prosecution story, as appearing from the FIR, is as follows:

(3.) In the FIR, the informant alleged that the appellant and his companion, Sahendra Yadav, fired at him and his brother with the intention to kill them, but somehow they succeeded in saving their lives by sheer luck. The reason behind the occurrence was a monetary transaction between the appellant and one Pankaj Yadav, son of Bale Yadav, which had taken place prior to the alleged occurrence. Owing to a dispute arising out of the said money transaction, the accused had earlier attacked Pankaj Yadav.