INDAL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Nobody appears on behalf of the appellant, as such, Mr. Sushil Kumar Singh, learned counsel, is appointed Amicus Curiae to assist the Court.

(2.) This appeal is directed against the judgment dated 13.04.1994 and order of sentence dated 15.04.1994, passed by Sri Jaleshwar Ram, Additional Sessions Judge, - XII, Patna, in Session Trial No. 116 of 1992, by which he has convicted the appellant under Section 302 of Indian Penal Code and Section 27 of the Arms Act and sentenced him to undergo rigorous imprisonment for life under Section 302 of Indian Penal Code and rigorous imprisonment for three years under Section 27 of the Arms Act. Both the sentences were directed to run concurrently. By the said judgment, trial court acquitted other co- accused, namely, Rameshwar Singh from the charge levelled against him.

(3.) Brief facts necessary for adjudication of the present appeal are that the informant Sarjug Singh, gave his written information to the officer in-charge, Gardanibagh, police station on 30.11.1991 alleging that on the same day at about 7 A.M., his Nati (maternal grand son) Pankaj Singh, of Tahirlane under the Gardanibagh police station, came at his house for taking milk and had gone on the roof for playing and at about 7.45 A.M. appellant Indal Kumar of village Dhakanpura, came to the house of informant and he too went on the roof and, thereafter, the informant heard a sound of firing and saw the appellant Indal Kumar, fleeing away. The informant then rushed towards the roof and found the said Pankaj Kumar, lying in pool of blood. It has also been alleged that the informant came to know from the women members of the house that appellant had shot the said Pankaj Kumar, thereafter, he was taken to the PMCH hospital. Informant claimed that the appellant intentionally fired on his Nati Pankaj Kumar.