IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3592 of 2021 Arising out of PS. Case No.-86 Year-2017 Thana- ARA MUFFSIL District- Bhojpur ======================================================

Jitendra Singh @ Jitendra Kumar Singh Son of Late Shree Ram Singh Resident of Village - Gangher, P.S. Arrah Muffasil, District - Bhojpur.

... ... Appellant/s Versus The State of Bihar .. ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Md. Ataul Haque, Advocate For the Respondent/s : Mr. Sujit Kumar Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ANSUL @ ANSHUL RAJ

ORAL JUDGMENT

Date : 27-01-2026 This appeal has been preferred by the appellant for setting aside the impugned judgment of conviction and order of sentence dated 09.07.2021 and 31.07.2021 respectively passed by learned 2^nd Additional District & Sessions Judge, Bhojpur at Arrah in S.Tr. No. 242 of 2019 arising out of Arrah Muffasil P.S. Case No. 86 of 2017, whereby the concerned Trial Court has convicted the appellant for the offence punishable under Section 307 of the Indian Penal Code (for short ‘I.P.C.’) and sentenced to undergo rigorous imprisonment for ten years and fine of Rs. 50,000/- only and for the offences under Section 504/34 IPC one year and six months R.I. and fine of Rs. 10,000/- only. 2. The brief case of the prosecution, as per fardbeyan of informant, namely, Harendra Singh (P.W.-2) is that the appellant who is the cousin of the informant Harendra Singh came to his native village on 24.04.2017. On the same day, due to a domestic dispute, the appellant, appellant's brother namely Krishna Singh and his mother Parvati Devi were abusing the informant at around 02:00 P.M. and when the informant and his mother stopped them from abusing, the accused suddenly came out of the room with a pistol in his hand and fired a shot at the informant, which hit him on his back and he fell down. After falling down, the accused fired another shot. Upon the informant's shouting the accused left the house with the pistol in his hand and said that whoever comes in his way will be shot. The informant's father and a villager Yogendra Singh took the injured to the police station and then to Sadar Hospital Arrah for treatment where after primary treatment by the doctor, he was referred to P.M.C.H., Patna where he was treated from 24.04.2017 to 29.04.2017. During which period no statement was recorded by any police officer. Due to this, the informant gave a written application to Arrah Mufassil on 01.05.2017. Based on the written application of the informant, Arrah Mufassil P.S. Case No. 86 of 2017 under Sections 341, 323, 504, 307 read with 34 of the IPC and under Section 27 of the Arms Act was registered against the appellant and other co-

accused persons namely Krishna Singh and Parvati Devi.

3. After completion of investigation and on the basis of materials collected during investigation, the Investigating Officer of this case submitted charge-sheet No. 51 of 2018 dated 30.04.2018 under Sections 341, 323, 504, 307/34 of the IPC and Section 27 of the Arms Act against the appellant before the learned Trial Court.

4. The learned trial court after perusal of materials collected during investigation and hearing the accused/appellant took cognizance on 16.05.2018 under Sections 341, 323, 504, 307/34 IPC and Section 27 of the Arms Act, thereafter, the charges were framed on 09.08.2019 under Sections 341, 323, 504, 307 & 34 of the IPC against the appellant, which was explained to the appellant, to which, he pleaded not guilty and claimed to be tried.

5. To substantiate its case, the prosecution has examined altogether five witnesses. They are:-(i) PW-1 Sunaina Devi (ii) PW-2 Harendra Singh (Informant); (iii) PW-3 Rekha Devi; (iv) P.W. 4 Dr. Ashok Kumar Pandey; (v)

P.W. 5 Shambhunath Pandey (IO).

6. Apart from the oral evidence, the prosecution has also relied upon following exhi