KUNDAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Mahesh Tewari, learned counsel for the appellant and Mr. Pankaj Kumar Mishra, learned A.P.P.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 30/6/1997 (sentence passed on 3/7/1997) passed by Sri Dhruv Dev Pandey, learned 3rd Additional Sessions Judge, Dhanbad. in S.T. No. 163/94, whereby and whereunder, the appellant has been convicted for the offence punishable under Sec. 302 IPC and has been sentenced to imprisonment for life.

(3.) The prosecution case arises out of a written report given by Prem Sah on 25/10/1992, in which it has been stated that at 10:00PM, his brother Kailash Gupta was performing Laxmi Puja in his shop when Kundan Singh (appellant) burst some crackers and inspite of requesting Kundan Singh not to indulge in such act, he refused and instead he threw one cracker inside the shop which displaced some puja articles. It has been alleged that when the informant and others reprimanded him, Kundan Singh went home in an enraged state and after 20 minutes he came back with a firearm and when Kailash Gupta protested, Kundan Singh shot at him from point blank range, at which Kailash Gupta fell down on the ground in an injured state. He was taken to the hospital where, in course of treatment, he died. It has been stated that Pawan Sharma, Sudhir Kumar Ekka, Suresh Kumar Naik, Ramesh Kumar Naik and Sunil Kumar Ekka were present at the time of the incident.