SUDHIR RAI @ SUDHIR MAHATO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction, dtd. 4/2/2019 and the order of sentence, dtd. 8/2/2019, passed by the learned Additional District Judge, Fast Track Court No. 1st, Lakhisarai, in Sessions Trial No. 681 of 2008, arising out of Surajgarha P.S. Case No. 140 of 2007, whereby and whereunder the appellant has been convicted under Sec. 302 of the Indian Penal Code and Sec. 27 of the Arms Act. He has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000.00 under Sec. 302 IPC, with further rigorous imprisonment for three months in default thereof, and rigorous imprisonment for three years with fine of Rs.5,000.00 under Sec. 27 of the Arms Act, with further rigorous imprisonment for two months in default thereof. Both the sentences have been directed to run concurrently.

(2.) The prosecution case, in brief, is that on 19/5/2007 at about 11:30 A.M., the informant Rabindra Kumar Rai was proceeding with his father Ram Lakhan Rai. Near the house of Shravan Kumar Rai, they noticed a heated exchange between the appellant Sudhir Rai and Sachin Poddar. The appellant allegedly took out a pistol from his waist and threatened Sachin Poddar. Ram Lakhan Rai intervened to pacify the dispute, whereupon the appellant fired upon him, causing firearm injury in the right panjra/rib-cage region. The injured was taken to Surajgarha Hospital and thereafter referred to P.M.C.H., Patna, where he died during treatment on 24/5/2007.

(3.) It is further the prosecution case that after the firing, the appellant attempted to flee, whereupon the villagers apprehended him and snatched the pistol and empty cartridge from him. The firearm and cartridge were thereafter produced before the police. On the basis of the written information, Surajgarha P.S. Case No. 140 of 2007 was initially registered under Sec. 307 IPC and Ss. 25(1-B)(a), 26 and 27 of the Arms Act. After the death of Ram Lakhan Rai at P.M.C.H., Sec. 302 IPC was added. Charge-sheet was thereafter submitted and the case was committed to the Court of Sessions.