GARIB YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant/Garib Yadav has been convicted under Section 307 of the Indian Penal Code and section 27 of the Arms Act by judgment and order dated 29.03.2017 passed by the learned 1st Additional District and Sessions Judge, Banka in connection with Sessions Trial No. 1051 of 2013, arising out of Shambhuganj P.S. Case No. 78 of 2013 and has been directed to undergo rigorous imprisonment for ten years, to pay a fine of Rs. 10,000/- and in default of payment of fine, to further suffer simple imprisonment for three months for the offence under Section 307 of the Indian Penal Code; rigorous imprisonment for five years, to pay a fine of Rs. 5000/- and in default of payment of fine, to further suffer simple imprisonment for two months for the offence under section 27 of the Arms Act. Both the sentences have been ordered to run concurrently.

(2.) The appellant is alleged to have fired at the informant/Jyotish Yadav/P.W. 4 which hit him in his thighs.

(3.) The case of the prosecution is based on the fardbeyan statement of the informant/P.W. 4 who has alleged that in the night intervening between 15/16-05-2013, while he was sleeping in front of his house along with his wife, the appellant along with another came and fired at him. The informant/P.W. 4 and his wife/P.W. 7, both, started shouting for help when other persons of the village arrived and took the informant/P.W. 4 to the hospital, where he was treated. The cause of occurrence, it has been alleged is that the informant/P.W. 4 had, in the past, impressed upon his cousin for not obliging the appellant by falsely deposing in his favour in a case.