GUJA PASWAN Vs. STATE OF BIHAR WITH

JUDGEMENT

(1.) CR . Appeal No. 252 of 2001 has been filed against the judgment and order of conviction dated 20.7.2001 passed by Shri Subhash Kumar Singh, 5th Additional Sessions Judge, Begusarai while Cr. Revision No. 794 of 2001 has been filed against the aforesaid order of the said case on the point of sentence that the sentence awarded to accused, persons is not sufficiently, so both the appeal as well as this revision have been heard together and are being disposed of by this common judgment.

(2.) The prosecution case, in brief, initiated on the statement of Laxmi Prasad Sahu, injured is that he was working as a Helper in Barauni Oil Refinery, on the day of occurrence he was lying on a cot in his room after taking his meal at Mungeriganj. In the meantime, a jeep came, stopped in front of his house. One of the occupants came from the jeep and called him. He opened the door, came out from his room and identified the person calling him as Gujo Paswan. Two of the persons in jeep were also identified in electric light as Ram Chandra Paswan and Upendra Paswan. Fourth one was identified as son of Prasadi Paswan and fifth one was known but his name could not be remembered. Ram Chandra Paswan thereafter Guja Paswan shot firing from their pistol upon the informant Laxmi Prasad Sahu which hit his right arm pit and right elbow. There is specification also that shot of firing by Ram Chandra Paswan injured the informant on right elbow and Guja Paswan on the right arm pit. Informant fell down on the ground. People nearby came and rescued him. Miscreants left the place of occurrence. The informant was taken to Sadar Hospital by the gathered people for treatment.

(3.) AFTER conclusion of trial, all the appellants have been convicted for alleged offences committed by them. There are different aspects and areas which have been taken for assailing the conviction by the appellants. Similarly nature and manner of the offence has been raised awarding insufficient punishment.