DILLU GOPE Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned Additional Public Prosecutor appearing for the State.

(2.) The present appeal, filed under Sec. 374(2) of the Code of Criminal Procedure, challenges the judgment of conviction dtd. 26/2/2005 and the order of sentence dtd. 1/3/2005 rendered by the learned Additional Sessions Judge, Fast Track Court-II, Nalanda, Bihar, in Sessions Trial No. 125 of 1996/152 of 2004 arising from Deepnagar P.S. Case No. 83 of 1995 whereby the appellant was convicted for offences punishable under Sec. 307 of the Indian Penal Code (hereinafter referred to as 'the I.P.C.') and Sec. 27 of the Arms Act and was sentenced to undergo Rigorous Imprisonment for 10 years with a fine of Rs.5,000.00 for the offence under Sec. 307 IPC and Rigorous Imprisonment for 3 years with a fine of Rs.1,000.00 for the offence under Sec. 27 of the Arms Act. In default of payment of fine, the learned Trial Court further directed the appellant to undergo Simple Imprisonment for six months and all sentences were ordered to run concurrently.

(3.) The prosecution case, as narrated by the informant Shiya Gope (PW-4), is that on 13/7/1995, at about 6:00 A.M., he was sitting at the door of his house after returning from his chili field. At that time, Chandra Gope, armed with a lathi along with the appellant Dillu Gope and Rajdeo Gope, both armed with country made pistols, came to the informant's house. On the directions of Chandra Gope, appellant Dillu Gope fired at the informant, inflicting a firearm injury on his chest. As a result, the informant fell on the ground and raised an alarm. Thereafter, his family members and other villagers arrived at the scene and took him to Sadar Hospital, Biharsharif, for medical treatment. It was further alleged that the occurrence was seen by Chunnu Gope and Bachhu Chaudhary, who were on a toddy tree and the occurrence was committed due to old enmity between the accused and the informant.