IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.193 of 1996

(Against the judgment of conviction and order of sentence dated

8^th May, 1996 passed by the 1st Additional Sessions Judge, Saran

in Sessions Trial No. 1062/94)

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Md. Firoz, son of Md. Hanif Mian, resident of village Baharwa Gachhi, P.S.-

Nayagaon, District- Saran.

... ... Appellant

Versus

The State of Bihar

... ... Respondent

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Appearance :

For the Appellant/s

:

Mr. Surendra Kishore Thakur, Advocate

Mr. Manoj Kumar Pandey, Advocate

Mrs. Kumari Pallavi, Advocate

For the Respondent/s

:

Mr. Bipin Kumar, APP

For the Informant

:

Mr. Manoj Kumar, Advocate

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

and

HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

Date : 30-09-2022

Heard learned counsel for the appellant and learned A.P.P.

for the State who has been assisted by the learned counsel

appearing for the informant.

2. The present criminal appeal was preferred in the year

1996 i.e., 26 years ago, against the judgment of conviction and

order of sentence dated 8^th May, 1996 passed by the 1st

Additional Sessions Judge, Saran in Sessions Trial No. 1062/94

(arising out of Nayagaon P.S. Case No. 29 of 1994), whereby and

whereunder the appellant has been convicted under Section 302

Patna High Court CR. APP (DB) No.193 of 1996 dt.30-09-2022

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of the Indian Penal Code and Section 27 of the Arms Act and

sentenced to undergo imprisonment for life under Section 302 of

Indian Penal Code and to undergo rigorous imprisonment for

three years under Section 27 of the Arms Act with direction that

both the sentences shall concurrently. The Trial court has further

ordered that the period of custody undergone by the appellant

during trial shall be set off from the period of sentence under the

provisions of Section 428 of the Cr.P.C.

3. The prosecution story, in brief, is that Md. Mukhtar gave

his fardbeyan before the S.I. A.P.Singh of Nayagaon Police

Station on 11.04.1994 at 2.30 a.m. at Sadar Hospital, Hajipur

wherein the informant stated that he works as Mistri in Hotel

Republic, Exhibition Road, Patna and on 10.04.94 being Sunday

he went to his village home and on 10.04.94 itself, in the

evening he along with his cousin Abdul Gaffar (deceased) had

gone to Nayabazar to take tea and purchase domestic articles and

remained there for half an hour. Thereafter, the informant along

with Abdul Gaffar, who was having his bicycle, were returning

home in the evening at 7 p.m. When they arrived at railway

crossing near the road turning towards village, the deceased was

about 6-7 feet in front of informant and the informant saw three

persons coming from east who came near to them about a

Patna High Court CR. APP (DB) No.193 of 1996 dt.30-09-2022

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distance of 8-10 feet out of whom the informant identified only

Md. Firoz (appellant) in the flash light of a three cell torch which

he was holding at the time of said incident. The informant further

stated that he was not able to identify other two persons. The

informant further stated that the appellant fired from his revolver

at Abdul Gaffar (deceased) on which the informant chased them

but Md. Firoz (appellant) along with two others fled away

towards east. Abdul Gaffar (deceased) sustained gun shot injury

on his head due to which he fell down. The informant raised

hulla on which Shahid Mian (P.W.5), Rafique Mian (P.W.1) and

many other people arrived at the place of occurrence. At that time,

Abdul Gaffar (deceased) told the Informant that the appellant had

shot him. The informant alo