RAM PRAVESH MISTRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant stands convicted under Section 326 of the Indian Penal Code and 27 of the Arms Act and sentenced to undergo rigorous imprisonment for four years under Section 326 IPC and two years under Section 27 of the Arms Act vide judgment and order dated 30.4.2003 passed by Sri Awadhesh Kishor Prasad Singh, the then Presiding Officer, Additional Court No.1, Nalanda in Sessions Trial No. 492 of 1990/32 of 2001.

(2.) Prosecution case, which has been initiated on the basis of fardbeyan of informant Brihaspat Chaudhary (PW 6) , in short, is that while the informant along with his son Krishna Chaudhary (PW 5) at about 6.30 A.M. in the morning on 23.1990 was going to collect toddy from date tree at village Sibanpar, P.S. Noorsarai, Nalanda and reached near the electric pole situated at a distance of 200 yards from the village, account appellant Ram Pravesh Mistri, armed with pistol, Sunil Prasad, Deo Kumar Prasad and Sanjay Kumar, all were armed with rifles, came out from maize field, on seeing them the informant and his son concealed themselves, and surrounded the informant and started firing. Son of the informant due to fear fled away. Accused appellant Ram Pravesh Mistri fired his pistol which hit the informant on the left side his abdomen, as a result of which he sustained injury and fell down. Further prosecution case is that on hearing sound of firing the witnesses Krishna Chaudhary, Dedar Mahto and Nagina Chaudhary rushed to the place of occurrence and injured informant was taken to Sadar Hospital, Biharsharif and at about 9.45 A.M. his statement was recorded by S.I. of Bihar Police Station and from Sadar Hospital, Biharsharif he was referred to PMCH for proper treatment. The reason behind the occurrence is said to be the money for taking toddy was due with the accused persons and when he demanded they refused to pay and, as such, the present occurrence took place.

(3.) On the basis of aforesaid fardbeyan Noorsarai P. S. Case No. 26 of 1990 was registered under Sections 307/34, 341, 326 IPC and 27 of the Arms Act. Post investigation charge sheet has been submitted against all the accused persons, including the appellant, cognizance of the offence has been taken and case has been committed to the court of sessions, which ultimately traveled to the file of the learned trial judge for trial and disposal.