Amareshwar Sahay, D.P.Singh, JJ. - (1.) Sole appellant Gopal Verma @ Shahru Verma stands convicted for the offences punishable under Sections 302, IPC and 27 of the Arms Act and sentenced to serve rigorous imprisonment for life and five years respectively, by the Sessions Judge, Deoghar in Sessions Trial No. 22 of 1989. However, both the sentences were ordered to run concurrently.
(2.) Briefly stated the facts leading to this appeal are that at about 9.30 to 10.00 p.m. on 9th of September, 1986, the informant (PW3) had gone to purchase biri from the shop of PW6 Ashok Verma situated in Mauza-Kalyanpur, Police Station, Deoghar. It is further alleged that in the meantime, the appellant came there with a country- made pistol in his hand and started threatening the shopkeepers situated nearby showing the pistol that whoever dares to challenge him, he will be killed. It is further asserted that the appellant was pacified by the nearby people after which he sat on a cemented chabutara by the side of the house of PW6. According to the informant, on that chabutara PW1, PW2 and deceased were sitting from before. The appellant started exchanging hot words with the deceased. Immediately, thereafter the appellant fired a shot from his pistol on the deceased causing injuries on upper portion of his left thigh. Then appellant fled away taking the empty cartridge. In the meantime, witnesses assembled. It is also asserted that PW4, PW7 and PW8 were informed regarding the incident who had arrived at the place of occurrence. The deceased was taken for his medical treatment to Deoghar hospital where he was declared dead. According to the informant, this firing was done because of old enmity between the appellant and the deceased.
(3.) The police recorded the statement of informant at 00.30 hours in between the night of 9/10th of September, 1986 and registered Deoghar Police Station Case No. 139 of 1986 under Section 302/201 of the Indian Penal Code and Section 27 of the Arms Act against the appellant. The police investigated the case and finally submitted charge- sheet against the appellant who has been put up for trial for offences under Section 302 of the Indian Penal Code and 27 of the Arms Act. The trial Court after examining the witnesses found and held the appellant guilty for both the offences and sentenced him as stated above.;