MD KALIM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appellants have been convicted for the offence under Section 307/34 of the Indian Penal Code for committing attempt of murder of Subodh Kumar Singh and Bijay Behra and have been sentenced to undergo rigorous imprisonment for a period of seven years each of the said offence. The appellants have also been convicted for the offence under Section 27 of the Arms Act for being in possession of and using fire-arms for the purpose of causing hurt to both the injured and thereby, they have been sentenced to undergo Rigorous Imprisonment for a period of three years each for the said offence by Judgment dated 1st March,1997 in Sessions Trial No. 21/273 of 1993-96 by 2nd Additional Sessions Judge, Jamshedpur, Singhbhum-East.

(2.) The prosecution case in short is that on 26.8.1992, at about 10.00 a.m., the informant Subodh Kumar Singh (PW 6) along with his friend Bijay Behra (PW 5) went to the house of Md. Raheesh situated" in the village-Makhdampur, P.S.-Parsudih for the purpose of demanding back some money which was due and both of them were made to sit in the house of said Md. Raheesh. It is said that since Md. Raheesh was not there and therefore, the informant and his friend (PW 5) were waiting in the house of Md. Raheesh. All of a sudden, it is said that, these two appellants came there with pistols in their hands, entered the house-of Md. Raheesh and then asked as to where Md. Raheesh is (SALA RAHEESH KAHAN HAI) and then, the inmates of the house informed them that Md. Raheesh was not there and then, at this, the appellant No. 1 Md. Kalim is said to have ordered to kill the informant and his friend by saying "IN HEE DONO SALE KO GOLI SE URADO". Thereafter, both the appellants fired from their pistols on the informant and his friend (PW 5) due to which, the informant received injuries in his right arm and right thighs whereas, his friend Bijay Behra (PW 5) sustained bullet injuries in both of his thigs. Thereafter, both of them became unconscious and they regained consciousness only after sometime and by that time, the appellants had already fled away and a number of persons had assembled there. Thereafter, the informant came to know that in the previous evening, an altercation had taken place in between Md. Raheesh and the appellants and having mistaken that the informant and his friend Bijay Behra were the associates of Md. Raheesh and as such, both the appellants shot fire on them in order to kill them.

(3.) In order to establish the charges, altogether eight witnesses were examined by the prosecution. Out of them, PW 5 Bijay Behra and PW 6 Subodh Kumar Singh are the injured witnesses whereas, PW 1 is Dr. Ashok Kumar Prasad who examined the injuries on the informant Subodh Kumar Singh and proved the Injury Report as Ext. 1. PW 4 Dr.. Nitai Gorango Das is another Doctor who examined the injuries on the person of PW 5 Bijay Behra and proved the Injury Report Ext. 1 / 1.PW 8 Tej Narain Singh is the Investigating Officer who reached at the place of occurrence after he got the information about firing at the said place. Apart from these witnesses, the other prosecution witnesses namely PW 2 Qamrunissa, PW 3 Kallu Mian and PW 7 Md. Shamshar have been declared hostile who were said to be the eye witnesses to the said occurrence. On the basis of the evidence adduced by the prosecution, the learned trial Court convicted the appellants as has already been stated in aforesaid paragraphs.