RAJA RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment dated 19.05.2014 and order of sentence dated 21.05.2014 passed by Sri Panchanan Sharma, District and Sessions Judge, Jehanabad in Session Trial No. 461 of 2012 by which he has convicted the appellant under section 307 of the Indian Penal Code and under Section 27 of the Arms Act and sentenced him to undergo rigorous imprisonment for ten years under Section 307 of Indian Penal Code and a fine of Rs. 5,000 and in default of the payment of fine, further simple imprisonment of three months and further sentenced him to undergo rigorous imprisonment of three years under Section 27 of the Arms Act and acquitted the coaccused Om Prakash from all the charges.

(2.) Prosecution case, in brief, based on the fardbeyan of the informant (P.W.3) is that on 18.04.1997, the informant was returning to his house at 11.30 PM from his khalihan after chaita. When he reached near the house of Dinesh, he saw accused Raja Ram, Shyam Nandan Yadav and Sunil sitting over there. The informant along with Ram Babu, Dinesh and Vinod Kanu was going, the appellant asked about the registration/ sale of seven kathas land that he purchased on 17.04.1997, as the accused was also interested in the said property. Thereafter, they encircled the informant and accused Raja Ram fired from his pistol which hit the chest of the informant and he fell unconscious. The informant found himself at P.M.C.H. when he gained consciousness where he was being treated.

(3.) On the basis of fardbeyan of the informant, Kurtha P.S. Case No. 65 of 1997 was instituted under Section 341, 307 and 504/34 of Indian Penal Code and Section 27 of the Arms Act against accused Raja Ram, Sunil and Shyam Nandan and investigation started. The Investigation Officer submitted charge sheet against Om Prakash under Section 307 of Indian Penal Code and Section 27 of Arms Act and found the accused Raja Ram, Sunil and Shyam Nandan as innocent.