IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.239 of 2005 ( Against the judgment and order of conviction dated 01-03-2005, passed by Additional Sessions Judge Fast Court No.2, Nalanda at Biharsharif in Sessions Trial No. 125 of 1996/ 152 of 2004)

======================================================

Dillu Gope S/o Chandar Gope R/o village- Kakobigha, P.S. Deepnagar, District Nalanda ... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr.Ambika Bhagat, Advocate For the Respondent/s : Mrs. Anita Kumari Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA

CAV JUDGMENT

Date : 17-01-2026 Heard learned counsel for the appellant and learned Additional Public Prosecutor appearing for the State.

2. The present appeal, filed under Section 374(2) of the Code of Criminal Procedure, challenges the judgment of conviction dated 26.02.2005 and the order of sentence dated 01.03.2005 rendered by the learned Additional Sessions Judge, Fast Track Court-II, Nalanda, Bihar, in Sessions Trial No. 125 of 1996/152 of 2004 arising from Deepnagar P.S. Case No. 83 of 1995 whereby the appellant was convicted for offences punishable under Section 307 of the Indian Penal Code (hereinafter referred to as ‘the I.P.C.’) and Section 27 of the Arms Act and was sentenced to undergo Rigorous Imprisonment for 10 years with a fine of Rs. 5,000/- for the offence under Section 307 IPC and Rigorous Imprisonment for 3 years with a fine of Rs. 1,000/- for the offence under Section 27 of the Arms Act. In default of payment of fine, the learned Trial Court further directed the appellant to undergo Simple Imprisonment for six months and all sentences were ordered to run concurrently.

3. The prosecution case, as narrated by the informant Shiya Gope (PW-4), is that on 13.07.1995, at about 6:00 A.M., he was sitting at the door of his house after returning from his chili field. At that time, Chandra Gope, armed with a lathi along with the appellant Dillu Gope and Rajdeo Gope, both armed with country made pistols, came to the informant’s house. On the directions of Chandra Gope, appellant Dillu Gope fired at the informant, inflicting a firearm injury on his chest. As a result, the informant fell on the ground and raised an alarm. Thereafter, his family members and other villagers arrived at the scene and took him to Sadar Hospital, Biharsharif, for medical treatment. It was further alleged that the occurrence was seen by Chunnu Gope and Bachhu Chaudhary, who were on a toddy tree and the occurrence was committed due to old enmity between the accused and the informant.

4. During the trial, the prosecution examined altogether six witnesses. Out of hem, PW-4 is the informant and the injured in the present case. PW-1, PW-2, and PW-3 are eyewitnesses and family members of the informant. PW-5 is the Doctor, who examined the injured and PW-6 is the Investigating Officer (IO) of the case.

5. On the other hand, the defence examined two witnesses in support of its case, namely, DW-1 Raj Kishore Mishra and DW-2 Baleshwar Gope.

6. From the statement of the eye-witness, namely PW-1 Yogendra Gope, who is the son of Shiya Gope (the informant), it emerges that at the time of the occurrence he was near his house and P.W.s-2, 3, 4 and Anita Devi were also present there. He further deposed that on the order of accused Chandra Gope to kill the informant, the appellant Dillu Gope shot the informant in the chest with a country-made pistol. In his cross- examination, he stated that he had seen the aforesaid occurrence and that the injury to Shiya Gope was caused by a firearm shot fired by the appellant Dillu Gope.

7. PW-2 Maheshwari Devi, also corroborated the prosecution case. In her examination-in-chief, she deposed that Chandra Gope, armed with a lathi, and the appellant Dillu Gope, armed with a country-made pistol came to the place