IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.470 of 2003

Arising Out of PS.Case No. -null Year- null Thana -null District- GOPALGANJ

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Jai Prakash Singh, son of Late Tapeshwar Singh, resident of village Bala Hatta Briti

Tola, P.S. Uchkagaon, District Gopalganj

.... .... Appellant

Versus

The State of Bihar

.... .... Respondent

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Appearance :

For the Appellant/s : Mr.Udit Narain Singh with

Mr. Amit Kumar Rakesh, Advocates

For the Respondent/s : Mr. Bipin Kumar, APP

For the Informant : Mr. Raghav Prasad, Advocate

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA

ORAL JUDGMENT

Date: 15-03-2018

Sole appellant stands convicted under Sections 307/34 of the

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

sentenced to undergo rigorous imprisonment for 10 years under

Section 307/34 IPC and a fine of Rs.1000/- and seven years R.I. under

Section 27 of the Arms Act with a fine of Rs.500/- with default clause

and both the sentences were directed to run concurrently vide

judgment of conviction dated 28.8.2003 and order of sentence dated

1.9.2003 passed by Sri Radha Krishna, the then 3^rd Additional

Sessions Judge, Gopalganj in Sessions Trial No. 24 of 2002/9 of

2002.

2. Prosecution case as per fardbeyan of informant Imtiaz

Khan (PW 2), injured, recorded at Sadar Hospital, Gopalganj on

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7.12.2000 at 21.05 hours, in short, is that informant Imtiaz Khan was

going back to his house via Mirganj on bicycle from Gopalganj after

doing work of Tayeedi (Advocate Clerk) along with his brother Sohel

Khan. For a while he met his friend Sarfuddin Ansari at Mirganj and

he proceeded for his house after taking muffler and when they reached

near “Badka Bandh” ahead of village Gosai Pipara the informant saw

that 4-5 persons on the “rasta” and all of them asked to stop,

whereupon both the brothers stayed there. It was about 6.30 P.M.

when villager Rabey Alam, son of Habib Mian, flashed torch light and

said it is he. Thereafter the villager Jai Prakash Singh (appellant) fired

from his .315 katta on the informant which hit on his right spleen, due

to which he fell down in the water by the side of the road and he fled

away from there and reached to Musahar Toli and ran to house of

Bahare Imam Khan and told him about receiving firing shot and

seeing bleeding from the body of the informant, Bahare Imam Khan

took him to the hospital by his tractor. He has stated that he could not

identify the rest 2-3 persons standing at the place of occurrence. The

informant suspected hand of Rabe Alam for the alleged occurrence

with whom litigation was going on and at whose instance with a view

to kill the informant, accused Jai Prakash Singh has fired on him.

3. On the basis of the aforesaid fardbeyan Mirganj P.S.Case

No. 294 of 2000 was registered under Sections 341, 307 IPC and 27

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of the Arms Act. Police after investigation submitted charge sheet

under Sections 307/34 IPC and 27 of the Arms Act and cognizance

for the offence has been taken and after commitment the case traveled

to the file of the learned trial judge for trial and disposal.

4. During trial in order to substantiate its case the

prosecution has examined altogether seven witnesses, they are PW 1

Sohel Khan, who is brother of informant and claims to be an eye-

witness to the occurrence, PW 2 Imtiaz Khan, who is informant of this

case and injured, PW 3 Dr. A.K. Chaudhary, who first examined the

victim informant, PW 4 Awadan Nesha, who is mother of victim

informant, PW 5 Sri B.K.Chaudhary, who is S.I. and has submitted

charge sheet only, PW 6 Ashma Khatoo