JUDGMENT

Ashwani Kumar Singh, J. - Being aggrieved by and dissatisfied with the order of sentence dated 1st July, 2019 passed by the learned Fast Track Court No. 2, Patna in Sessions Trial No. 1188 of 2010/16 of 2018 arising out of Bikram P.S. Case No. 207 of 2009, the appellant has preferred the present appeal under the proviso to Section 372 of the Code of Criminal Procedure (for short 'CrPC').

2. The appellant herein Jai Kumar submitted a written report to the Officer-in-charge of Bikram Police Station on 24th November 2009 alleging therein that in the evening, at about 4 p.m., when he and his younger brother Luv Kumar were going to their paddy field situated behind the school, the respondent no.2 Satya Narayan Sharma asked them not to use the approach road made for going to the school. When he asked from him the reason for the same, Satya Narayan Sharma abused him and exhorted his sons, namely, Ravish Kumar @ Mani @ Ravish Kumar @ Tinku (respondent no.3) and Manish Kumar, who were sitting near temple to kill him and his brother. When his sons did not open fire, he himself took out his pistol shot at his brother Luv Kumar. Thereafter, Ravish Kumar shot at Luv Kumar. Immediately, t