SAMBHOO PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal by the sole appellant Sambhoo Paswan is directed against the judgment and order dated 17.9.1993 passed by 3rd Additional Sessions Judge, Begusarai in Sessions Case No. 217 of 1992 convicting and sentencing the appellant to undergo imprisonment for life under section 302 of the Indian Penal Code (for short, 'IPC ') and R.I. for 2 years under section 27 of the Arms Act. Both the sentences have however been ordered to run concurrently.

(2.) THE case of the prosecution, in short, is that on 11.3.92 at about 5 P.M. informant Anil Choudhary, who is dead now, was sitting at the betel shop of one Udgar Choudhary situate in front of Chandpura High School at village Chandpura, P.S. Nima Chandpura, District Begusarai. Appellant came there and asked the deceased - informant that he was trying to become a hero. The deceased -informant denied this allegation and in turn levelled the same allegation against the appellant. On this, altercation took place between the deceased -informant and the appellant. Thereafter the appellant took out a pistol from his waist and with an intention to commit murder of the deceased informant fired at him causing bleeding injury on the left side of his chest. The deceased -informant after getting down from the betel shop caught hold of appellant and the appellant then again fired from his pistol but this time the shot missed and then the appellant assaulted the deceased informant on his head by the butt of pistol causing another bleeding injury. The deceased informant raised hulla on which neighbouring persons assembled there and the appellant then fled away towards west. The fardbeyan (Ext. 2) of deceased - informant was recorded on the same day at 5.40 P.M. at the place of occurrence by Rajendra Singh (PW 8) who at that time was posted as Officer -in -Charge at Nima Chandpura Police Station and who on receipt of information that there was a firing near Chandpura High School had reached the place of occurrence after recording the information in the Station Diary as Entry No. 168 dated 11.3.1992. About the motive of the occurrence the deceased -informant in his fardbeyan (Ext.2) stated that he had previous enmity with the appellant. On the basis of fardbeyan, a case under section 307 IPC and 27 of the Arms Act was registered against the appellant. Subsequently on 23.3.92 deceased - informant succumbed to injuries in the hospital and section 302 IPC was added to the FIR. The police after investigation submitted chargesheet against the appellant under sections 302 IPC and 27 of the Arms Act.

(3.) IN order to prove its case, the prosecution has examined 9 witnesses. Rameshwar Choudhary (PW 1) has stated that he had heard that appellant had committed murder of deceased informant Anil Choudhary but he did not see any occurrence. He has been declared hostile by the prosecution. Dinesh Sahni (PW 2), Jagdish Sah (PW 3), Bipin Choudhary (PW 4) and Ram Ishwar Choudhary (PW 7) are said to be the eye witnesses to the occurrence. Yaduni Choudhary (PW 6) has been tendered. Ashok Kumar Jha (PW 5) is the doctor who had conducted autopsy on the dead body of the deceased -informant. Ashok Kumar Sharma (PW 9) is the doctor who on the date of occurrence, i.e. on 11.3.92, examined the deceased informant when he was in injured condition. Rajendra Singh (PW 8) is the I.O. of the case. Dr. Ashok Kumar Sharma (PW 9), in his evidence, has stated that on 11.3.92 he was posted as Civil Assistant Surgeon at Sadar Hospital, Begusarai, and on that day at about 7.05 P.M. he examined the deceased -informant and found the following injury on his person :