KRITYA NAND CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) As the learned counsel for the appellant failed to appear on account thereof, Mr. Ranbir Singh, learned advocate has been requested to assist the court as an Amicus Curiae.

(2.) Appellant, Kritya Nand Choudhary has been found guilty for an offence punishable under Section 341 IPC and sentenced to undergo S.I. for fifteen days, under Section 307 IPC and sentence to undergo R.I. for five years, under Section 27 of the Arms Act and sentenced to undergo R.I. for one year with a further direction to run the sentences concurrently vide judgment of conviction and order of sentence dated 10.02.2009 passed by Additional Sessions Judge, FTC, VI, Saharsa in Sessions Trial No.95/1994.

(3.) Bechan Kamat, PW.5 gave his fardbeyan on 25.02.1992 while he was admitted at Sadar Hospital, Saharsa in an injured condition along with his injured brother Ramdeo Kamat alleging inter alia that in usual manner while he along with Ramdeo Kamat was going to Saharsa in order to earn their livelihood, and reached near the house of Chandi Jha, Krityanand Chaudhary, Ugara Mohan Jha @ Bhutai Jha, Amar Jha, Magan Jha, Devta Jha, Malik Jha, Mauli Jha, Indu Bala Choudhary, Chandi Jha armed variously surrounded them. Out of them Krityanand Chaudhary, Ugara Mohan Jha @ Bhutai Jha, Indu Bala Chaudhary were armed with three knots (a kind of firearm) and gun who shouted 'Jan Se Maro-Jan Se Maro, Goli Chalawo' whereupon, there was firing on account of which, his brother Ramdeo Kamat became seriously injured and fell down. Then thereafter, Magan Jha, Mauli Jha and Mallik Jha shot arrows as a result of which, he himself sustained injury over his palm. On hue and cry Priybrath Kamat (PW.1), Shiv Ratan Kamat (PW.3), Sitaram Kamat (not examined), Babuwa Kamat (PW.2), Shobha Kant Pandit (not examined) along with others came seeing whom, accused persons fled away. Then thereafter, both of them were lifted to the hospital by the witnesses where they are being treated.