ANUJ KUMAR GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) All these appeals arise out of common judgment and sentence passed in Sessions Trial No.41 of 2006 and Sessions Trial No.32 of 2007, by which the appellants have been convicted and sentenced under Sec. 302/34 of the IPC and Sec. 27 of the Arms Act, they have been heard together and disposed of by the common judgment.

(2.) West Singhbhum, Sadar, Gua P.S. Case No.31/2004 was registered on 21/8/2004 under Sec. 307/34 of the IPC and 25(1-B), 26, 27 of the Arms Act on the basis of the statement of Arun Prakash Srivastava (deceased) recorded at General Hospital, Kiriburu.

(3.) As per the FIR, informant was living in the house of Subhash Gupta with his step sister Guriya @ Binita Srivastava. He had an old land dispute with his cousin brother Anup Srivastava (appellant). On 21/8/2004, when he was at his home, his step brother Anup Srivastava came along with Danial Pal and Ravi (appellants) and started abusing him with respect to the land dispute and also entered into physical altercation with him. When he opposed this, his step brother took out his revolver and fired at him, as a result he sustained bullet injury over his stomach. Thereafter, the accused persons fled away from the place of occurrence.