OM PRAKASH DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant, Om Prakash Dubey has been held guilty for an offence punishable under Sections 302 Penal Code and 27 of the Arms Act vide judgment of conviction dated 25.01.2012 and sentenced to undergo imprisonment for life as well as fine of Rs. 25,000.00 in default thereof, to undergo imprisonment of two years additionally under Sec. 302 IPC, imprisonment of five years as well as fine of Rs. 3000.00 in default thereof, to undergo imprisonment of three months additionally under Sec. 27 of the Arms Act vide order of sentence dated 30.01.2012 with a further direction to run the sentences concurrently by the Additional Sessions Judge-FTC-IV, Siwan in Sessions Trial No. 512/2010.

(2.) Rashendra Dubey (PW 5) gave his Fard-e-beyan on 03.05.2009 at about 10:45 am before the O/C Raghunathpur at the house of Nagendra Dubey (deceased) disclosing therein that as marriage of son of Nagendra Dubey has been fixed to be held on 20.05.2009, on account thereof, Nagendra Dubey was cleaning his Sahan, wherein his uncle was also assisting. At about 10:00 am, his neighbour, Om Prakash Dubey and Kamlakar Dubey came and forbade. Nagendra Dubey resisted on the ground that he was cleaning his own Sahan, on account of which both indulged in an altercation. He along with Nagendra Dubey resisted whereupon they both went over their roof. After their arrival on the roof, Kamlakar Dubey provoked to kill whereupon Om Prakash Dubey directed his wife to bring Double Barrel licensee Gun which was handed over by her. Om Prakash Dubey loaded the gun and fired two rounds upon Nagendra Dubey. Nagendra Dubey after sustaining injury fell down. Copious blood flown from his injuries. Before managing to shift Nagendra to hospital, he died. There was injury near right eye as well as over chest, shoulder and forehead. Police got information and arrived. The motive of the occurrence has been shown to be land dispute.

(3.) On the basis of the aforesaid Fard-e-beyan, Raghunathpur PS Case No. 49/2009 was registered whereupon investigation was taken and after completing the same, charge-sheet was submitted against Om Prakash Dubey, Kamalakar Dubey and Meena Devi, whereupon trial commenced and concluded wherein Meena Devi and Kamlakar Dubey were acquitted while appellant, Om Prakash Dubey has been found guilty as indicated above and, accordingly, sentenced, the subject matter of the instant appeal.