REGENT COMPUTRONICS PVT. LTD.

Chandan Chaudhry Appellant

V/S

STATE OF BIHAR Respondents

Referred Judgements :-

JUDGEMENT

(1.) Appellant Chandan Chaudhary has been found guilty for an offence punishable under section 307/34 I.P.C. and sentenced to undergo R.I. for seven years as well as to pay fine appertaining to Rs.2,000/- and in default thereof, to undergo S.I. for six months, additionally, under section 326/34 I.P.C. and sentenced to undergo R.I. for seven years as well as to pay fine appertaining to Rs.2,000/- and in default thereof, to undergo S.I. for six months, additionally, under section 447/34 I.P.C. and sentenced to undergo S.I. for one month, under section 341/34 I.P.C. and sentenced to undergo S.I. for one month with a further direction to run the sentences concurrently, with a further direction that the period having undergone during course of trial will be set off in accordance with section 428 Cr.P.C. vide the judgment of conviction dated 18.5.2017 and order of sentence dated 19.5.2014 passed by the Fast Track Court No.I, Begusarai in S.Tr.No. 277/2006.

(2.) Nilkamal Ray (P.W.4) while was admitted at Kalpana Nursing Home, Begusarai gave his Fard Beyan on 3.8.2004 at about 3.40 P.M. inscribing therein that on 2.8.2004 at 9.45 P.M. while he was reading in his room, his wife was taking meal and during course thereof was screening T.V. as well in Dinning Hall, his parents were also screening T.V. in the T.V. room, all on a sudden two persons intruded through balcony having back side of his house. He identified them in the electric light to be Bambam Rai, S/o late Mirtunjay Kumar Rai co-villager and other, his cousin brother (Mamera Bhai), Chandan Kumar Chaudhary, son of Ramashrai Choudhary of village Rahimpur Tola, Panchkhuti, P.S. Mufassil, District Khagaria. Seeing both of them coming inside, his wife as well as his mother raised alarm. Without wasting time, Chandan Chaudhary took out dagger and then gave blow over the waist (right side), left hand, stomach left side of his wife and then proceeded towards his mother whom he repeatedly gave 3-4 dagger blow. He rushed shouting in order to save his mother whereupon, Bambam Rai gave blow with pistol having loud sound. He tried to snatch pistol from him and during course thereof, Chandan Chaudhary gave dagger blow over his wrist (left side), stomach. During midst thereof, Bambam Rai shot at his father causing injury over the back of his head. The motive for the occurrence has been shown as persisting animosity in between father-in-law of the sister of the accused Bambam Rai, namely, Shyam Sunder Rai with them.

(3.) Bachwara P.S.Case No. 60/2004 was registered thereupon followed with an investigation as well as submission of the charge sheet against Bambam Kumar Rai (Juvenile), Shyam Sunder Singh (since acquitted) and Chandan Chaudhary, facilitating the trial meeting with ultimate result, subject matter of the instant appeal.

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CHANDAN CHAUDHRY Vs. STATE OF BIHAR

Referred Judgements :-

JUDGEMENT

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