RAM NARESH CHAUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 3-5-1989 passed in Sessions Trial No. 393 of 1982 by which 7th AddI. Sessions Judge, Rohtas at Sasaram convicted all three appellants under Sections 307/34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for seven years thereunder.

(2.) The prosecution case, as mentioned in the fardbeyan (Ext. 2) of informant Gauri Shanker Choubey (PW 5) at Kargahar Hospital at 9.30 a.m on 8-11-1979 was that when at 7.00 p.m. in the previous night he was returning to his village home after irrigating his paddy field and he reached near a turning point towards east of the canal bridge, these appellants and Sarju Choubey (since dead) surrounded him. It was further alleged that under orders of Naresh Choubey and Sarju Choubey to finish him, informant Gauri Shanker Choubey started running away but, appellant Ramjee Choubey tried a shot from his gun which hit his back and head as a result of which Gauri Shanker Choubey fell down and then again another firing was made which missed its target. It was also claimed that after that as verified that Gauri Shanker Choubey was dead these appellants fled away towards their home. On alarm raised by the Informant villagers arrived there who took him to Kargahar Hospital for treatment where his fardbeyan was recorded. It was claimed that the informant identified the appellants in moonlit night.

(3.) On the basis of the aforesaid fardbeyan (Ext. 2) Kargahar PS Case No. 5, dated 8-11-1979 was registered against the appellants and the police after due investigation submitted charge - sheet and after cognizance and commitment the appellants were put on trial and were convicted as aforesaid.