Patna: Patna high court has sentenced an octogenarian to seven years of rigorous imprisonment (RI) and imposed a fine of Rs25,000 after holding him guilty of attempting to murder one Shams Tabrez by firing on him.The high court also awarded five years of rigorous imprisonment and a fine of Rs15,000 to co-accused Chand Mian alias Manu for abetting the offence.The court pronounced the sentence on July 24 and verdict came on public platform on Monday.The two convicts were awarded imprisonment nearly eight years after their acquittal in the same case by a Bhagalpur trial court on Jan 11, 2018. A division bench comprising Justices Bibek Chaudhuri and Rana Vikram Singh allowed the criminal appeal filed by Shams Tabrez alias Tinku, and held Shamsher alias Shamshul Mistri, 83, guilty of attempting to murder him during an alleged clash between two rival groups at Khiribandh village under Jagdishpur police station area of Bhagalpur district on Nov 18, 2006.According to the prosecution’s case, registered as FIR No. 274/2006 at Jagdishpur police station on the written complaint of Tabrez’s grandfather, Shamsher allegedly fired a bullet from his pistol at Tabrez’s back on the instigation of Chand Mian. The medical report of Tabrez showed grievous injuries.The high court observed that the trial court had committed a serious error in discarding the evidence of prosecution witnesses, including Tabrez, who was both the victim and an eyewitness.The high court also directed the two convicted persons to surrender before the Bhagalpur trial court within four weeks.
