DILIP KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant Dilip Kumar Singh aged 23 years was tried before the 2nd Additional Sessions Judge Hajipur having been charged under Section 307, IPC. The charge against the appellant was that he shot and injured Abhay Kumar with such intention and knowledge and under such circumstance that if by that act he would have caused death of Abhay Kumar he would have been guilty of murder. The appellant was further charged under Section 25(1)(a) and Section 27 of the Arms Act for being in possession of a country made revolver in contravention of Section 3 of the Arms Act. The charge under Section 25(1)(a) failed. The appellant was convicted under Section 307, IPC and has been sentenced to 8 years imprisonment and also under Section 27 Arms Act for which he has been sentenced to 3 years imprisonment.

(2.) THE event culminating in trial and conviction of the appellant may be summarised as follows. On 31 -07 -87 there was a function of Shradh of aunt of Abhay Kumar at village Bedaulia in the District of Vaishali. A large number of guests had assembled on the occasion. Abhay Kumar was resident of another village. He had come to attend Shradh on 30 -07 -87. The villagers had been invited at the Shardh feast. Abhay Kumar was sitting at the Sahan of the Darwaja of his Mama. The case of the prosecution is that at about 9.00 p.m. the appellant came to the informant Abhay Kumar and request him to lend him his motorcycle for going to the market. The motorcycle was parked in the Sahan. Abhay Kumar turned down the request of the appellant on the ground that it was night. The appellant is said to have threatened the informant that in case the motor cycle was not given to him he would shoot him. Abhay Kumar did not take the threat very seriously. The appellant tried to take the motorcycle by keeping his hand on the motorcycle. It is then alleged that the appellant took out a country made revolver from his bag and shot at Abhay Kumar hitting him on the upper portion of his neck. Abhay Kumar fell down with his motorcycle. When he tried to rise up the appellant fired another shot which hit the left arm of Abhay Kumar. The people assembled there chased the appellant to some distance but he could not be caught.

(3.) THE injured was first taken to Hajipur Police Station on 01. -08 -1987. The Police officer on duty at the police Station prepared injury report and forwarded the injured to the Sadar Hospital, Hajipur for treatment and medical opinion.