ASHOK UPADHYAY Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The prosecution case was of a murder by gunshot injury. There were five accused arrayed, out of which, three were acquitted and two convicted; the convicts are the appellants before us.

(2.) Pursuant to a dispute regarding blockage of drainage, resulting in waterlogging in front of the house of the deceased, a quarrel erupted and the two families entered into a brawl, in which A2 was accused of shooting the deceased, while A1 fired at the other family members, injuring them. The prosecution examined twelve witnesses and the defence three. The conviction under Sec. 302 read with Sec. 34 of Indian Penal Code, 1860 [In short 'IPC'] and Sec. 27 of the Arms Act, 1959, as also the sentence handed down, were affirmed by the High Court; which judgment is assailed before us.

(3.) That there was a homicide, is unequivocally proved from the medical evidence; which we will discuss a bit later since it has ramifications insofar as the presence of the eyewitnesses at the scene of occurrence. A motive was alleged of the blockage of drain, which was spoken by the related witnesses and even the independent witness, PW4, a neighbour.