VIJAY SINGH @ VIJAY BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Vijay Singh @ Vijay Bhagat has been found guilty for an offence punishable under Section 307 of the I.P.C. and sentenced to undergo R.I. for seven years, under Section 326 of the I.P.C. and sentenced to undergo R.I. for five years, under Section 27 of the Arms Act and sentenced to undergo R.I. for three years as well as to pay fine appertaining to Rs.3,000/-, in default thereof, to undergo R.I. for three months, additionally, with a further direction to run the sentences concurrently vide judgment of conviction dated 17.04.2015 and order of sentence dated 20.04.2015 passed by the Additional Sessions Judge-3 rd, Gopalganj in Sessions Trial No.50 of 2003.

(2.) Bhagwati Singh (not examined) gave his fardbayan on 06.02.2001 at Referal Hospital Kateya where was admitted along with his brother Hira Lal Singh in an injured condition divulging the fact that on the same day at about 7.00a.m., daughter's son of Raksha Singh was easing by the side of the road cared by his maternal grand mother in front of his house whereupon, his brother Hira Lal Singh objected. Wife of Raksha Singh abused and then returned back to her house. Soon thereafter, Vikarama Singh, Vijay Singh, Banshi Singh, Rajendra Singh and Sudarshan Sah armed with firearm, spear, lathi came at his darwaza in search of his brother Hira Lal Singh. At that very moment, his brother Hira Lal Singh, who was inside the house, came out seeing whom, Vikarama Singh shot at causing injury over his person. He rushed to rescue his brother whereupon, Vijay Singh fired causing injury over him. Then thereafter, Banshi Singh, Rajendra Singh and Sudarshan Sah assaulted them with lathi. On hue and cry, villagers rushed seeing whom, accused persons ran away. Then thereafter, both the injured were shifted to the hospital where they were being treated.

(3.) On the basis of the aforesaid fard-bayan, Kateya P. S. Case No.12 of 2001 was registered followed with an investigation and after concluding the same, Banshi Singh, Rajendra Singh and Sudarshan Sah were not sent up for trial while Vikarama Singh, Vijay Singh have been put on trial, during midst thereof, Vikarama Singh died whereupon, vide order dated 24.03.2014, trial abated, against him, while proceeding ahead against the sole appellant, Vijay Singh @ Vijay Bhagat, who has been convicted and sentenced in a manner, as indicated above, the subject matter of instant appeal.