VIKASH KUMAR @ LANGRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant aggrieved by the judgment recoding guilt dated 31.03.2011 and the order of sentence dated 04.04.2011, passed by the learned Addl. Sessions Judge, F.T.C. No. IV, Vaishali at Hajipur in Sessions Trial No. 486 of 2009 has filed the present appeal. By the said judgment and order of sentence, the appellant was held guilty under Section 302/34 of the Indian Penal Code for having caused murder of the brother of the informant (P.W. 3) sentenced to undergo R.I. for life. He has also been imposed fine of Rs. 20,000/- with default clause. The learned trial court also held him guilty under Section 27 of the Arms Act and sentenced to undergo R.I. for 5 years with imposition of fine of Rs. 5,000/- in default whereof to further undergo S.I. for 15 days. Both the sentences were, however, to run concurrently.

(2.) According to the prosecution case as unfolded in the fardbeyan (Ext. 1) lodged by the brother of the deceased (P.W. 3) on 26.03.2009 at about 09:30 A.M., he was going to Bank on his motorcycle. When he reached near the Nawada Chowk on the main road, he saw his brother Pranav Kumar Pandey (deceased) also coming on the main road on his motorcycle and as soon as he reached on the road and turned towards Hajipur, the appellant and two other accused(s) persons riding the motorcycle armed with country made pistol followed the deceased and opened firings and they succeeded in intercepting him, whereafter, the appellant and two other accused(s) persons are said to have fired indiscriminately on the deceased. The brother of the informant had received gun shot injuries, whereafter all the three accused(s) persons riding the said motorcycle drove away. The brother of the informant upon receiving gun shot injuries died at the spot. Immediately, the police was informed and the Investigating Officer arrived at the place of occurrence and made inquest of the body of the deceased and drew up the inquest report (Ext. 2). The Investigating Officer also collected the empty shells of the cartridge lying near the place of occurrence vide Seizure Memo (Ext. 3). The Investigating Officer noticed blood stain marks at the place of occurrence and the scratch mark over the road caused by fall of the motorcycle. The motorcycle was lying besides the dead body. The dead body was sent for post mortem. P.W. 7 conducted the autopsy on the dead body of the deceased and submitted the report drawn by him (Ext. 4). The doctor found the following anti mortem:

(3.) The Investigating Officer (P.W.5) upon conclusion of investigation submitted charge sheet against the appellant showing two other accused(s) as absconders, whereafter, the learned Magistrate took cognizance and later committed the case on 22.12.2009 to the court of Sessions for trial which gave rise to Sessions Trial No. 486 of 2009 on the file of the learned trial court. Charges were framed on 08.02.2010 under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act to which the appellant pleaded not guilty. Hence, the Trial. Upon conclusion of evidence, the statement of the appellant was recorded under Section 313 of the Code of Criminal Procedure.