Criminal Appeal (SJ) No.316 of 1997

Against the judgment and order of sentence dated 28. 11.1997

passed by Shri Uday Shankar, Vth Additional District & Sessions

Judge, Begusarai, in Sessions Case No. 148 of 1990.

1. Dilip Kunwar, son of Late Ramanuj Kunwar.

2. Kamal Kishore Kunwar, son of Sri Janardan Kunwar.

3. Dharnidhar Kunwar, son of Late Ram Raksha Kunwar.

All residents of village Jhamatia, Police Station-Bachhwara,

District-Begusarai.

… … Appellants.

Versus

The State Of Bihar

.... .... Respondent.

WITH

Criminal Appeal (SJ) No. 328 of 1997

Against the judgment and order of sentence dated 28. 11.1997

passed by Shri Uday Shankar, Vth Additional District & Sessions

Judge, Begusarai, in Sessions Case No. 148 of 1990.

Ram Naresh Kunwar, son of Late Jagdish Kunwar, resident of

Village- Jhamatia, Police Station- Bachhwara, District-Begusarai.

... .... Appellant.

Versus

The State Of Bihar

.... .... Respondent.

For the Appellants. : Mr. Ajay Kunar Thakur, Advocate.

Mr. Amit Kumar, Advocate.

For the Respondent

State : Mr. Sujit Kumar Singh, Advocate.

PRESENT

THE HONOURABLE MR. JUSTICE GOPAL PRASAD

Gopal Prasad,J.

Heard learned counsel for the appellants and

learned counsel for the State.

2. Both the appeals are being heard together

and disposed by common order and judgment as both the

appeals arise out of same Sessions Trial No. 148 of 1990

passed by Shri Uday Shankar, Vth Additional District &

Sessions Judge, Begusarai, by judgment and order dated

28^th November, 1997.

3. The appellants Ram Naresh Kunwar, Dilip

Kunwar, Kamal Kishore Kunwar and Dharnidhar

Kunwar have been convicted for offence under Section

307/34 of the Indian Penal Code and have been

sentenced to undergo rigorous imprisonment for ten

years and appellant Ram Naresh Kunwar further

sentenced to undergo rigorous imprisonment for seven

years for the charges under Section 326 I.P.C. and

further appellant Dilip Kunwar has been sentenced to

undergo rigorous imprisonment for six for offence under

Section 323 I.P.C. All the sentences shall run

concurrently.

4. The prosecution case as alleged that while

the informant Narendra Kunwar was removing bricks

from the eastern side of his house for clearance, then one

of the accused Dharnidhar Kunwar objected. On this

verbal altercation, accused Dilip Kunwar, Kamal

Kishore

Kunwar

started

abusing

the

informant

subsequently at 11.30 A.M. Ram Naresh Kunwar, Dilip

Kunwar and Kamal Kishore Kunwar armed country

made pistol came there and accused Ram Naresh

Kunwar fired at the informant from his country made

pistol with intention to kill, but the informant sat down

so bullet passed over his head. It is further alleged that

accused Dharnidhar Kunwar along with others also brick

batted the informant.

5. On the basis of Fardbeyan, F.I.R. was

lodged. Investigation proceeded. Charge sheet

submitted and Cognizance taken and the case was

committed to the Court of Sessions. Charges were

framed and witnesses were examined. After considering

both oral and documentary evidence and submissions of

the parties order of conviction and sentence as stated

above has been passed.

6. Learned counsel for the appellants however,

contends that there is a case and counter case and

i