SITARAM PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) On repeated calls, none appears on behalf of appellant and on account thereof, Mr. Arun Kumar Tripathy, learned Advocate has been requested to assist the Court as an Amicus Curiae which he conceded.

(2.) Sole appellant, Sitaram Paswan has been found guilty for an offence punishable under Section 307 IPC as well as 27 of the Arms Act and sentenced to undergo RI for 10 years as well as to pay fine of Rs. 5,000/- in default thereof, to undergo SI for six months (without properly identifying the head) by the 3rd Additional Sessions Judge, Aurangabad (Bihar) vide judgment of conviction dated 12.02.2015 and order of sentence dated 16.02.2015 with regard to Sessions Trial No. 232/1999/221/2014.

(3.) On 01.01.1999 while injured Rajendra Paswan was admitted at Primary Health Centre, Goh, his full brother Ram Bali Paswan (PW 2) gave his Fard-e-beyan to the effect that on the same day at about 7:00 AM, Sitaram Paswan, his Gotia was cutting bamboo from his bamboo cluster whereupon, Rajendra Paswan forbade him claiming the same whereupon, Sitaram Paswan abused. As his brother protested, Sitaram began to assault with Lathi. Seeing this, he rushed and caught hold Lathi of Sitaram. Then thereafter, Sitaram rushed to his house and came out with fire arm and shot at causing injury over chest, face and other parts of the body of Rajendra Paswan as a result of which, he fell down and became unconscious. He has been lifted to hospital where treatment was going on.