DINESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, Dinesh Singh, has been found guilty for an offence punishable under Section 307 IPC and has been sentenced to undergo R.I. for five years, under Section 447 IPC and sentenced to undergo R.I. for a month, under Section 27 of the Arms Act and has been sentenced to undergo R.I. for three years, with a further direction to run the sentences concurrently, appellants Bijli Singh, Ashok Singh have been found guilty for an offence punishable under Section 307/34 IPC and sentenced to undergo R.I. for five years, under Section 447 IPC and sentenced to undergo R.I. for one month with a further direction to run the sentences concurrently while Bijli Singh has been found guilty for an offence punishable under Section 27 of the Arms Act and sentenced to undergo R.I. for three years, vide judgment of conviction dated 29.01.2009 order of sentence dated 02.02.2009 passed by Addl. Sessions Judge, FTC-IV, Begusarai in Sessions Trial No.466/1999.

(2.) Kamal Nayan Singh (PW.5) while was admitted at Kalpana Nursing Home, Begusarai gave his fardbeyan on 28.04.1999 at 04:00 PM before the police officials of Begusarai Town P.S. alleging inter alia that on the same day he has gone to village-Fatehpur in order to engage the labourers. During course of return, he came to know that his Pattidar Dinesh Singh got ridge of a plot broken while ploughing whereupon he has gone to his place and asked for repairing of the same. Thereafter, he returned back to his house. At about 08:00 AM while he was taking bath over a hand pipe in front of his Darwaja, his pattidar Dinesh Singh, Bijli Singh and Ashok Singh came out of them, Dinesh Singh and Bijli Singh were armed with three nut, Ashok Singh with Pagharia. Just after coming they shot at causing injury over his left leg. He fell down as a result of which, he also sustained injury over his left leg. On hue and cry, his co-villager Akildeo Rai, Ram Uday Rai, Prabhakar Singh and others came who witnessed the occurrence and have also rescued him.

(3.) The aforesaid fardbeyan was transmitted to Balia P.S. as, P.O. lies under the jurisdiction of Balia P.S., whereupon, Balia P.S. Case No.76/1999 was registered on 30.04.1999 with an investigation as well as submission of charge sheet, basis for trial meeting with ultimate result, subject matter of instant appeal.