BINOD CHOUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. U.N. Singh for the appellant and Mr. A.K. Sinha, APP for the State.

(2.) The appeal is directed against the judgment of conviction dated 24.02.2010 passed by the Additional District and Sessions Judge 2nd, Siwan in S.T. No. 413 of 1996 convicting the sole appellant under Sections 302/34 and 307/34 IPC and sentenced to him to suffer R.I. for life with fine having default clause under Section 302/34 and RI for 10 years under Section 307/ 34 with fine having default clause.

(3.) The background of the case leading to trial, in brief, is that P.W. 3 lodged an FIR on 23.09.1995 alleging that while he along with deceased and other family members were sitting at the Darwaja, the co-accuseds arrived there. There was a hot tiff between the deceased and the accused persons whereafter co-accused Sunil Choubey, returned with a licensee gun whereas the appellant arrived with lathi. The accused persons started abusing them. The deceased asked co-accused Anil Choubey, not to abuse them whereafter co-accused Sunil Choubey, is said to have fired which was averted by P.W. 1. Co-accused Sunil Choubey again fired causing injury to Ashok Kumar (P.W. 1). The deceased was then chased and fired twice by the co-accused Sunil Choubey which resulted in his death.