JAI PRAKASH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant stands convicted under Sections 307/34 of the Indian Penal Code and also under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for 10 years under Section 307/34 IPC and a fine of Rs.1000/- and seven years R.I. under Section 27 of the Arms Act with a fine of Rs.500/- with default clause and both the sentences were directed to run concurrently vide judgment of conviction dated 28.8.2003 and order of sentence dated 1.9.2003 passed by Sri Radha Krishna, the then 3rd Additional Sessions Judge, Gopalganj in Sessions Trial No. 24 of 2002/9 of 2002.

(2.) Prosecution case as per fardbeyan of informant Imtiaz Khan (PW 2), injured, recorded at Sadar Hospital, Gopalganj on 7.12.2000 at 21.05 hours, in short, is that informant Imtiaz Khan was going back to his house via Mirganj on bicycle from Gopalganj after doing work of Tayeedi (Advocate Clerk) along with his brother Sohel Khan. For a while he met his friend Sarfuddin Ansari at Mirganj and he proceeded for his house after taking muffler and when they reached near "Badka Bandh" ahead of village Gosai Pipara the informant saw that 4-5 persons on the "rasta" and all of them asked to stop, whereupon both the brothers stayed there. It was about 6.30 P.M. when villager Rabey Alam, son of Habib Mian, flashed torch light and said it is he. Thereafter the villager Jai Prakash Singh (appellant) fired from his .315 katta on the informant which hit on his right spleen, due to which he fell down in the water by the side of the road and he fled away from there and reached to Musahar Toli and ran to house of Bahare Imam Khan and told him about receiving firing shot and seeing bleeding from the body of the informant, Bahare Imam Khan took him to the hospital by his tractor. He has stated that he could not identify the rest 2-3 persons standing at the place of occurrence. The informant suspected hand of Rabe Alam for the alleged occurrence with whom litigation was going on and at whose instance with a view to kill the informant, accused Jai Prakash Singh has fired on him.

(3.) On the basis of the aforesaid fardbeyan Mirganj P.S.Case No. 294 of 2000 was registered under Sections 341, 307 IPC and 27 of the Arms Act. Police after investigation submitted charge sheet under Sections 307/34 IPC and 27 of the Arms Act and cognizance for the offence has been taken and after commitment the case traveled to the file of the learned trial judge for trial and disposal.