BIMLESH SINGH @ KARU SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Vindhya Keshari Kumar learned counsel for the appellant, Ms. Surya Nilambari, Amicus Curiae for the appellant as well as Mr. Ashwini Kumar Sinha learned APP for the State on this Criminal Appeal.

(2.) This appeal has been preferred against the judgment and order of conviction dated 1.10.2012 and order of sentence dated 4.10.2012 passed by the 2nd Additional Sessions Judge, Samastipur in Sessions Trial no. 241 of 2010/446 of 2012 arising out of Mohiuddin Nagar P.S. Case No. 125 of 2009, whereby the learned trial court convicted the appellant Bimlesh Singh @ Karu Singh for the offence punishable under Section 302 of the Indian Penal Code and 27 of the Arms Act and sentenced him to undergo life imprisonment under Section 302 of the Indian Penal Code and further sentenced him to undergo R.I. for three years under Section 27 of the Arms Act. However, both the sentences were directed to run concurrently.

(3.) The factual matrix of the case is that Mohiuddin Nagar P.S. Case No. 125 of 2009 was instituted under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act against accused Bimlesh Singh @ Karu Singh and Amresh Kumar Singh @ Pintu on the basis of fardbeyan of Prabha Devi W/o Late Tribhuvan Singh recorded by A.S.I. A.P. Yadav of P.S. Pirbahore, Patna on 8.10.2009 at 11:00 AM in the emergency ward of PMCH, with the allegation, in succinct that on 6.10.2009 at around 12:00 PM, her husband demanded torch from her to see the maize field. On warning by her not to rush to the filed in such a late night, he sat on the chowky lying on her door while she went inside her house. After sometime, she listened sound of altercation of someone with her husband. Responding the same, she stepped out of her house and witnessed Bimlesh Singh @ Karu Singh engaged in spar with her husband. On quizzing about reason of quarreling with her husband, he demanded Rs. 50, 000/- whereupon she vented her inability to fulfill his demand. Then Bimlesh Singh @ Karu Singh started dragging her husband and shoved her away. In the meantime, own brother of Bimlesh Singh @ Karu Singh, namely, Amresh Kumar Singh @ Pintu arrived there and both dragged her husband to the door of her co-villager Balbhadra Singh. She also followed them. On the order of Amresh Singh @ Pintu, Bimlesh Singh whipped out pistol from his waist and resorted firing on the face of her husband below his eye. Sustaining injury, her husband fell down on the ground and fell senseless, then she started screaming. Then Balbhadra Singh who was witnessing the occurrence sitting at his door rushed to her house, then Bimlesh Singh @ Karu Singh asked her to take her husband who has been eliminated by them and then both the accused persons left the scene. She rushed her husband to government hospital, Mohiuddin Nagar to accord him medical aid and after giving first aid there, the doctor referred him to PMCH, Patna, but he succumbed to his injury during the course of treatment in emergency ward of PMCH, Patna on 7.10.2009 at 7:00 PM