CHAND Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) The appellant has been convicted for offence under Section 307 I.P.C. and sentenced to undergo rigorous imprisonment for four years. Further the appellant has been convicted for offence under Sections 25, 26 and 27 of the Arms Act, but has been sentenced only under Section 25 of the Arms Act for one year and no separate sentence has been given for offence under Section 26 and 27 of the Arms Act.

(3.) The prosecution case as alleged in the Fardbeyan by the informant Md. Muzammil Hussain that he has land dispute with regard to partition of land with his brother-in-law (Sala) Md. Hussain. A case of partition was going on before Sub Judge, Hajipur, since last several years. On 14. 04. 1985, Md. Chand, son of his brother-in-law Md. Hussain came and asked him to execute a sale deed with regard to informant's share of land in favour of appellant's father. The informant disclosed that according to Muslim Law he has share in appellant's fahter property and he will take his share. He will not execute any sale deed on which accused take out country made gun tried to fire at the wife of the informant but in the meantime the informant catch hold of the hand of appellant and pointed the gun down on which of the gun the daughter of informant Dil Afroj Khatun got injurty by the splinter. The daughter of the informant was also there to snatch the gun from the accused. It is alleged that gun was snatched by the informant. The informant, his daughter, wife, mother-in- law and Abdul Salam claims to have seen the occurrence. It is also asserted that on sound of fire arm several people of the village collected to saw the occurrence. It has further been alleged that Md. Chand tied with rope and was kept at the dawaraja of neighbour Md. Hafiz. The informant kept the fire arm in his house and went to inform the police. He could not meet the police at police station as the Police Officer had proceeded to some other work. When the informant returned he found that the accused was not there and it was learnt that accused had flee away by untieing the rope.