LAWS(PAT)-2010-4-487

RAMESHWAR YADAV Vs. STATE OF BIHAR

Decided On April 27, 2010
RAMESHWAR YADAV Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Eleven accused persons including the five appellants were put on trial jointly by framing charge against them under Section 302 read with 149 of the Penal Code. The five appellants before us were distinctly charged together under Section 302 of the Penal Code. While delivering the judgement on 14th of July, 1988 in Sessions Trial No.274 of 1983, The learned 7th Additional Sessions Judge, Bhojpur at Arrah acquitted the six accused persons except the five appellants before us of all the charges and found the five appellants guilty of committing offence under Sections 302 and 149 of the Penal Code and directed each of them to suffer rigorous imprisonment for life. The appellants have preferred the present appeal to challenge the propriety of the said judgement.

(2.) P.W.1 Sheo Janam Ram, who was the Chaukidar of Pawana Bazar, made his fardbeyan stating therein that he was at his Khalihan and after having heard sounds of three gun shots, he rushed to the police camp located at village Pawana to make the statement. It was stated by him that while he was on the road of the Bazar, he gathered from various persons that deceased Ramchandra Singh had been shot and injured by seven accused persons named in Ext-1, except the appellants, by being fired from country made pistols as also after being assaulted with Fasuli and that his family members and villagers had taken him to Arrah hospital for treatment.

(3.) P.W.1 stated that there were two factions in the village and on that account the occurrence had taken place in the market place on the market day which was witnessed by persons having assembled there as also by the shopkeepers.