SHAMBHU PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The solitary appellant Shambhu Pandey was put on trial with two others, namely, Rabindra Pd. Singh and Ashok Kumar Singh on Sessions Trial No. 109 of 1988/20 of 1990 and was found guilty of committing offence:) punishable under Section 307 of the Indian Penal Code and Section 27 of the Arms Act. The two other accused who stood charged under Section 307 read with 109 and 307 read with 34 respectively were acquitted. The sentences inflicted upon the appellant were rigorous imprisonments of 7 years and 5 years respectively on each of the above respective courts and the same were directed to run concurrently. The above Judgment of conviction and order on sentence dated 28.6.1993 are being questioned presently in this appeal.

(2.) The informant P.W. 1 lodged his fardbayan (Ext-2) while being treated in Samastipur hospital stating that while he was coming home, he found a commotion like situation in and around the campus of Samastipur Railway Junction in which a man was firing indiscriminately. Another person was telling that the accused, who was firing shots, was a police man and was putting the department in disrepute by his misdeeds of being drunk and firing shots. The informant alleged that while he was attempting to come out of the railway station under an impression that the firing had died down, he was hit in his scrotum by a bullet which caused profused bleeding and forced the informant to hire a Rickshaw to rush to the hospital where he was admitted for treatment.

(3.) On the basis of Ext-2, the FIR of the case, Ext-4, was drawn up and the investigation was taken up which ultimately resulted in the trial of the accused persons and passing of the impugned judgement.