KASHINDAR MANGRAITA @ KASHINDRA MANGRAITA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant/Kashindar Mangraita @ Kashindra Mangraita has been convicted for the offences punishable under Section 307 of the Indian Penal Code (in short the I.P.C.) and Section 27 of the Arms Act by judgment dated 24.01.2017 passed by the learned 2nd Additional Sessions Judge Supaul in Sessions Trial No. 34 of 2015 arising out of Bhaptiyahi P.S. Case No. 124 of 2014 and by order dated 30.01.2017 he has been sentenced to undergo rigorous imprisonment for five years to pay a fine of Rs. 2 000/- for the offence under Section 307 of the I.P.C. and rigorous imprisonment for three years and to pay a fine of Rs. 2 000/- for the offence under Section 27 of the Arms Act. In the event of not paying the fine the appellant has further been directed to suffer simple imprisonment for a period of three months for each of the offences. Both the sentences have been ordered to run concurrently.

(2.) The appellant is said to have fired at one Chhotelal Mehta causing injuries in his chest.

(3.) The First Information Report (in short the F.I.R.) was lodged by one Manoj Kumar (not examined) who alleged that on 23.09.2014 he along with his uncle/Chhotelal Mehta was coming after a panchayati to his home. While coming back the nephew/Manoj Kumar walked some paces ahead of his uncle. In the meantime three persons on a motorcycle overtook them and came back again in front of the uncle of aforesaid Manoj Kumar and one of them fired from his weapon leading to injuries. The miscreants are then alleged to have run away from the place of the occurrence. After the uncle of Manoj Kumar suffered injuries he shouted for help. On going near aforesaid Chhotelal Mehta Manoj Kumar saw that he was injured in the upper portion of his abdomen. In the meantime co-villager/Ram Lakhan Mehta arrived and with their help the injured was taken to Raghopur for treatment. He has also alleged in the F.I.R. that he had seen the miscreants who were riding the motorcycle and can identify them if they are brought before him.