PINKU SAHANI @ VICKU SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) None appears on behalf of appellant on repeated call, on account thereof, Sri Ranbir Singh, learned counsel has been requested to assist the Court as an Amicus Curiae.

(2.) Appellant Pinku Sahani @ Vicku Sahani has been found guilty for an offence punishable under Sec. 341 of the I.P.C. and for that, no separate sentence has been recorded, under Sec. 307/34 of the I.P.C. and sentenced to undergo R.I. for five years, under Sec. 27 of the Arms Act and sentenced to undergo R.I. for three years with a further direction to run the sentences concurrently vide judgment of conviction dtd. 9/3/2009 and order of sentence dtd. 16/3/2009 passed by the Additional Sessions Judge, Fast Track Court-VII, Munger in Sessions Trial No.522 of 2008.

(3.) Sohan Yadav (PW-6) gave his fard-bayan on 27/12/2007 at about 12.30 hours at Sadar Hospital, Munger where Rajnish Kumar Gupta, an injured was admitted alleging inter alia that his wife Laxmi Mira Sharma (PW-5) happens to be Secretary of Kanya Madhya Vidhyalaya Lal Darwaza. Fencing as well as repairing of the school was going on. In order to inspect the ongoing work, the Engineer came to inspect at about 11.00 A.M. He along with his wife shown the work being carried out at the school premises and then, they have come over road in order to see him off. After departure of the Engineer, Jaya Devi, wife of Late Upendra Yadav came and indulged with them in an altercation on the plea that on account of fencing of school, the passage to her house will be blocked. During course thereof, Pinku Sahani, Ravi Sahani, Daini Yadav armed variously came taking side of Jaya Devi. During midst thereof, Rajnish Kumar Gupta @ Chandar Kumar arrived along with building material, which he began to unload as he was also engaged in fencing of his land lying by the side of the school. It has further been narrated that no sooner than arrival of these persons, Pinku Sahani said that these two persons be murdered as they are the person, who provoked Rajnish Kumar Gupta to block the passage, whereupon Pinku Sahani and Ravi Sahani shot at. He along with his wife fell down as a result of which, Rajnish Kumar Gupta sustained injury over his head and became unconscious. He along with his wife as well as mother of Rajnish Kumar Gupta lifted Rajnish to hospital for treatment.