MURALIDHAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The above appeals are directed against the same judgment dated 19.1.2001 passed by Sri P.N. Yadav, Sessions Judge, Munger in Session Trial No. 423 of 1992 and as such they have been heard together and are being disposed of by this common judgment. The learned Sessions Judge by the above judgment has convicted appellant Sunil Singh under Section 302 of the Indian Penal Code and all the three appellants under Section 302/34 of the Indian Penal Code, and has further convicted appellants Sohan Singh and Murlidhar Singh under Section 307 of the Indian Penal Code and sentenced appellant Sunil Singh to undergo imprisonment for life under Section 302 of the Indian Penal Code and all the three appellants to undergo imprisonment for life under Section 302/34 of the Indian Penal Code and further sentenced appellant Sohan Singh and Murlidhar Singh to undergo rigorous imprisonment for seven years under Section 307 of the Indian Penal Code with a direction that the sentences against each appellant Would run concurrently.

(2.) The prosecution case, as disclosed from the Fardbeyan (Ext. 3) of the, informant Doman Singh, who is the deceased in this case, is that on 24.5.1992 at about 8.00 p.m. the informant (deceased) after taking his meal came out to his door and after washing his hand was about to return inside, when appellant Sunil Singh fired with the Pistol on his abdomen, appellant Sohan Singh fired with his Pistol which hit him (informant) on his right buttock and appellant Murlidhar Singh fired with his Pistol, but the shot did not hit him. He raised alarm and witnesses came and took him to Referal Hospital. Tarapur for treatment.

(3.) The A.S.I. of Tarapur Police station recorded the Fardbeyan of the informant on the same day at 10.15 P.M. at Tarapur Referal Hospital. On the basis of that Fardbeyan. formal F.I.R. (Ext. 2) was registered under Sections 324. 307/34 of the Indian Penal Code and Section 27 of the Arms Act.