MUNNA SHUKLA Vs. STATE OF BIHAR
LAWS(PAT)-2020-1-78
HIGH COURT OF PATNA
Decided on January 18,2020

Munna Shukla Appellant
VERSUS
STATE OF BIHAR Respondents




JUDGEMENT

PRABHAT KUMAR SINGH,J. - (1.)The above stated sole appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and 27 of the Arms Act and has been sentenced to undergo imprisonment for life for the offence punishable under Section 302 of the Indian Penal Code and rigorous imprisonment for a term of seven years for the offence punishable under Section 27 of the Arms Act by learned 1 st Additional Sessions Judge, Bhagalpur in Sessions Trial No. 437 of 1992 / 31 of 1992 vide judgment of conviction and sentence order dated 13.5.1994. However, both the sentences were ordered to run concurrently.
(2.)Mojahidpur P.S. Case No. 158 of 1988 under Sections 307 and 326 of the Indian Penal Code and 27 of the Arms Act was registered on 19.11.1988 on the basis of fard-e-beyan of Jayant Kumar, who made his statement before Ram Chandra Prasad (P.W. 10), the then A.S.I. of Kotwali Police Station, on 19.11.1988 at about 9.30 P.M. at B.M.C.H. Emergency Ward, to this effect, that on the same day, he along with P.W. 1 Pappu @ Pradip Sah and P.W. 5 Sadanand Lall Chaurasia was going to the house of Sadanand Modi to take Prasad and at about 9 P.M., when he as well as above stated two persons reached near Sikandarpur Panhatta Chowk, appellant shot fire of his pistol on him from his back, which hit to him. He, further, claimed that one Shyam Krishna Modi and one unknown persons was also along with appellant, when appellant opened fire on him. He, further, claimed that having sustained injury, he as well as P.W. 1 and P.W. 5 saw the appellant and his associates and identified them and after that he as well as P.W. 1 and P.W. 5 ran towards the house of Sadanand and they entered inside the house of Sadanand and bolted the room from inside but appellant and the above stated two persons followed them and they started pushing the door and also hurled abuses. He, further, claimed that after sometime, the door was opened but in the meantime, appellant and his associates had already fled away from there. He, further, claimed that P.W. 1, P.W. 5 and P.W. 8 (Ratneshwar Vishwakarma) and P.W. 9 (Arun Kumar Sah) witnessed the occurrence and with the help of some other people, they brought him to B.M.C.H. on a rickshaw for treatment where his treatment was going on. However, he expressed his inability to say the motive behind the alleged occurrence. The formal first information report was drawn up on the same day and was sent to Court through special messenger but the formal first information report and fard-e-beyan of the Jayant Kumar informant were produced before the Chief Judicial Magistrate, Bhagalpur on 21.11.1988. It is pertinent to note here that in course of treatment, informant Jayant Kumar died and Section 302 of the Indian Penal Code was added.
(3.)P.W. 13 Sitaram Singh took charge of investigation and recorded the further statement of informant Jayant Kumar and also recorded the statements of other witnesses. He inspected the place of occurrence but before completion of investigation, he handed over charge of investigation to P.W. 11 Raj Shekhar Prasad by the order of Superintendent of Police, Bhagalpur.


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