BINOD RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Cr. Misc. No.175 of 2009 wherein appellants Binod Ram and Nawal Ram are the appellants, Cr. Misc. No.199 of 2009 wherein Raj Balam Ram is the appellant and Cr. Misc. No.261 of 2009 wherein Ayodhya Ram @ Loha Ram is the appellant, have been taken together and are being disposed of by a common judgment as all these appeals arise out from common judgment of conviction dtd. 9/2/2009 and order of sentence dtd. 10/2/2009 passed by the 2nd Additional Sessions Judge, Hilsa, Nalanda in Sessions Trial No.370 of 1991, whereby and whereunder all the appellants have been found guilty for an offence punishable under Sec. 307 of the I.P.C. and each one has been sentenced to undergo R.I. for seven years. However, Appellants Ayodhya Ram @ Loha Ram and Raj Balam Ram have been further sentenced to pay fine appertaining to Rs.3,000.00 and in default thereof, to undergo S.I. for three months, additionally.

(2.) Kailash Ram (since deceased) gave his fard- bayan on 23/8/1990, while he was admitted at State Dispensary, Chandi, disclosing therein that on the same day at about 12.30 hours while he was returning from his field and during course thereof, reached in front of house of Ayodhya Ram @ Loha Ram, all of a sudden Ayodhya Ram @ Loha Ram took out pistol and fired causing injury over his back. Another firing was made by Raj Balam Ram causing injury over his left hand. Binod Ram and Nawal Ram have also fired, but anyhow, he escaped. Pappu Ram armed with Garasa came, but due to timely arrival of villagers including witnesses, he has been rescued and lifted to hospital where he is undergoing treatment. Long standing enmity has been shown to be the motive for commission of the occurrence.

(3.) On the basis of the aforesaid fard-bayan, Chandi P. S. Case No.246 of 1990 was registered followed with an investigation as well as submission of chargesheet, facilitating the trial, subject matter of instant appeal.