SANJAY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Criminal Appeal has been preferred for setting aside the judgment dated 24.04.1995 passed by learned 1st Additional Sessions Judge, Begusarai, in Sessions Trial No.332/93/2/93. By the impugned judgment the learned trial Court has been pleased to hold and declare that the charge under Section 302/34 of the Indian Penal Code and under section 27 of the Arms Act has been duly proved against the appellant. Appellant has been, accordingly, sentenced to imprisonment for life under Section 302/34 of the Indian Penal Code and further to sentence to rigorous imprisonment for five years under section 27 of the Arms Act. Both the sentences have been ordered to run concurrently.

(2.) The prosecution case is based on the Fardbeyan of one Amod Kumar Singh (P.W.6) recorded on 26.09.1992 at 19.45 hours at the darwaja of Sakaldeo Singh of Village Ratanpur under Town Police Station, Begusarai. The Fardbeyan has been exhibited as Ext.6 in course of trial.

(3.) According to the informant (P.W.6) while the informant was in his house on 26.09.1992 at 7 P.M he heard hulla raised by the co-villager Baleshwar Singh (P.W.2) who was shouting that the co-villager Ram Sewak Singh and his son Sanjay Singh were fleeing away after firing shot at Pramod Kumar Singh (the deceased) the informant came running to the place of occurrence and saw the co-villager Ram Sewak Singh (50 years) and his son Sanjay Singh (20 years) fleeing away from the place of occurrence. According to the informant, Sanjay Singh was carrying pistol in his hand. The informant saw his brother lying on earth in the pool of blood. The informant asked his brother, thereon his brother (the deceased) told him that while he was returning after study, the co-villager, Ram Sevak Singh caught hold of him from behind and then Sanjay Singh (appellant) shot at him by pistol. The informant further stated that he saw his brother had suffered firearm injury on his chest and was bleeding. The informant wanted to take him to hospital but in the meantime his brother died.