Criminal Appeal (SJ) No.303 OF 1994 [Appeal against the judgment and order dated 11.8.1994 passed by the 5th Additional Sessions Judge, Gaya in Sessions Trial No.81 of 1993/ 253 of 1986] VIJAY DUSADH SON OF HARI KISHUN DUSADH, RESIDENT OF VILLAGE MORAIL, POLICE STATION BODH GAYA, DISTRICT GAYA …………………….. Appellant Versus THE STATE OF BIHAR ---------------------- Respondent For the Appellant : Mr. Rama Singh, Advocate For the Respondent : Mr. J. K. Singh, Addl. P.P. --------- P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: The appellant has been convicted u/s. 326 I.P.C. and 27 of the Arms Act and sentenced to R.I. for four years and one year respectively by a judgment dated 11.8.1994 passed by the 5th Additional Sessions Judge, Gaya in Sessions Trial No.81 of 1993/ 253 of 1986. The prosecution case is that on 25.5.1983 at about 9 P.M. the appellant fired at the informant on his right thigh to pressurize him to withdraw the case filed by him. The appellant was charged initially u/s.307 I.P.C. but sentenced to one u/s.326 I.P.C. During trial, the prosecution has examined in all seven witnesses. Out of whom, P.W.6 and P.W.7 did not support the prosecution case and P.W.2 is the nephew of the informant but not an eye witness, whereas the P.W.3 is the wife of the - 2 - informant and P.W.4 is the informant himself. P.W.5 is the doctor, who examined the injured. It has been argued that the Investigating Officer of the case has not been examined nor has any independent witness been examined by way of corroboration of the case of the informant. The further submission is that the appellant had already remained in custody since for about three years nine months. However, considering that P.W.4 was consistent on the point of shooting by the appellant on him, I am not inclined to interfere in the matter. Hence the appeal is dismissed with modification in sentence to the one already undergone by the appellant. With these modifications, the appeal is dismissed. Patna High Court Dated, 4th April, 2011. NAFR/ Narendra/ ( Anjana Prakash, J. )