Criminal Appeal (SJ) No.308 OF 1994
[Appeal against the judgment and order dated
23.8.1994 passed by the Additional Sessions Judge
II, Patna in Sessions Trial No.763 of 1989]
SANJAY SHARMA SON OF SURESH SHARMA, RESIDENT OF
VILLAGE MOHAMMADPUR, POLICE STATION BIKRAM, DISTRICT
PATNA .......................... Appellant
Versus
THE STATE OF BIHAR ---------------------- Respondent
For the Appellant : Mr. Deepak Kumar Sinha, Advocate
For the Respondent : Mr. Choubey Jawahar, Addl. P.P.
---------
PRESENT
THE HON’BLE JUSTICE SMT. ANJANA PRAKASH
Anjana The appellant has been convicted u/s. 324 I.P.C. and 27
Prakash, J:
of the Arms Act and sentenced to R.I. for two years under each
count by a judgment dated 23.8.1994 passed by the Additional
Sessions Judge II, Patna in Sessions Trial No.763 of 1989.
The prosecution case is that on 11.8.1988 an altercation
arose between the parties which escalated to the extent that the
appellant came with the pistol and fired at the informant, on
account of which she was hurt in both the legs.
The prosecution has examined eight witnesses in all. Out
of whom, P.W.1, P.w.4 and P.W.5 are alleged to have come right
after the occurrence, whereas the P.W.2 is the informant. P.W.8
is a formal witness and P.W.3 and P.W.6 are non-F.I.R. eye
witnesses and P.W.7 is the doctor, who examined the injured.
On going through the evidence of the material witnesses,
-2-I find that the genesis of the occurrence has not been
enumerated by the prosecution and there is no objective
evidence with regard to recovery of the pellets from the place of
occurrence. The place of occurrence as described P.W.4 and
P.W.5 was not accessible to the accused persons and, therefore,
it is difficult to accept that the appellants were present at the
place of occurrence on the day described. Further, it also appears
that all the eye witnesses belonged to the same family and not a
single independent witness has been examined. The fact of land
dispute between the parties is not denied.
In the conclusion, this appeal is allowed and the order of
conviction and sentence passed against the appellant on
23.8.1994 passed by the Additional Sessions Judge II, Patna in
Sessions Trial No.763 of 1989 is set aside.
( Anjana Prakash, J. )
Patna High Court
Dated, 4th April, 2011.
NAFR/ Narendra/