NILAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned APP for the State on this Criminal Appeal.

(2.) This criminal appeal has been preferred against the judgment and order of conviction and sentence dated 19.09.2012 passed by learned Adhoc Additional Sessions Judge-V, Kaimur at Bhabhua in Sessions Trial no. 118 /73 arising out of Mohania P.S. Case No. 14 of 2007 whereby the learned trial court convicted the accused Nilam Singh for the offence punishable under Sections 324, 447 of the Indian Penal Code and Section 27 of the Arms Act and accused Radha Singh, Kashi Singh, Ramji Singh for the offence punishable under Sections 447, 324 of the Indian Penal Code and sentenced the accused Nilam Singh to undergo S.I. for three years under Section 324 of the Indian Penal Code, S.I. for one month under Section 447 of the Indian Penal Code and S.I. for three years under Section 27 of the Arms Act and also slapped him with a fine of Rs. 500/- and in default of payment of fine to further undergo S.I. for one month and sentenced the accused Kashi Nath Singh, Ramji Singh and Radha Singh to undergo S.I. for six months each under Sections 324/34 of I.P.C. and S.I. for one month each under Sections 447 of I.P.C. All the sentences were directed to run concurrently.

(3.) The factual matrix of the case is that Mohania P.S. Case No. 14 of 2007 was instituted under Sections 447, 307, 324/34 of the Indian Penal Code and Section 27 of the Arms Act against accused Nilam Singh, Kashi Singh, Radha Singh and Ramji Singh on the basis of fardbeyan of Rama Kant Singh S/o Ramdal Singh recorded by S.I. S.N. Jha of P.S. Mohania on 27.01.2007 at around 05:45 PM at the Referal Hospital, Mohania with the allegation, in succinct that on 27.01.2007 at around 2:00 PM, while the informant along with his brother Sanjay Singh was doing work in their paddy khalihan, in the meantime, Nilam Singh, Kashi Singh, Radha Singh and Ramji Singh armed with gun and country made pistol descended there and they started resorting firing upon him and his brother with intention to do away with their life inflicting pellet injury in his left eye and also injury on the left hand of his brother. His wife Dhanraji Devi standing besides him and Jang Bahadur Singh and others rushed there and rushed him to Referal Hospital, Mohania where he is undergoing treatment. The bone of contention is said to be the pendency of land dispute with the accused Nilam Singh.