YUGAL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has challenged the judgment and order of conviction dated 7.5.1988 in Sessions Trial No. 12 of 1985/29 of 1985 passed by Sir Narendra Kumar Lal, the learned IVth Additional Sessions Judge, Gaya, whereby the appellant was convicted under Section 302 of the Indian Penal Code and thereby sentenced to undergo rigorous imprisonment for life.

(2.) The prosecution case relats to the fardbeyan of one Chandra Mohan Sharma recorded by S.I. of Kako Police Station on 23.2.1983 at 7.30 p.m. at Lodipur Tand Khandaha Pyne to the effect that on 23.2.1983 at 4.30 p.m. the informant was in his Maize field situated South-West to the village of the informant adjacent to Kazi Sarai, Kako road, Katchha, at about 4.45 p.m. the informant's brother, Chandradeep Singh (deceased), was coming from Kazi Sarai Market on a Bicycle. It is further stated that the deceased asked for a lota (water container) for easing out, from one Ram Suchit Mahato (not examined), then Ram Suchit Mahato brought the lota full of the water. In the meantime, Yugal yadav (appellant) came and asked for one bidi from the deceased and when the deceased was giving bidi to Yugal Yadav, then Yugal Yadav caught hold of the victim. Thereafter, the victim tried to get himself released from the clutches of Yugal Yadav then from eastern side of the road from the Canal (Pyne) four persons came out. Out of them, two were armed with rifle whereas two others were armed with Sickle (fasuli). Then the persons armed with rifle fired at the informant's brother causing injuries but even then, the victim began fleeing away, on which Yugal Yadav fired from his pistol hitting on the back of the deceased. Thereafter, the other accused fired from his rifle as a result of which the victim fell down. Thereafter, the informant raised alarm whereupon Brajnandan Sharma (PW-1) and Anil Sharma (PW-2) and others came running and saw the accused persons flecing away towards West-southern direction. It is claimed by the informant that he can identify the accused persons by seeing their faces. The reason for alleged occurrence is that the appellant and others were the local criminals, who were being opposed by the informant's brother.

(3.) The First Information Report also bears the signature of PW- 1 (Brajnandan Sharma) and PW-4 (Raj Nandan Singh) who have not been examined. Though the FIR was registered on 23.2.1983 at 11.00 p.m. but it appears that it was transmitted to the learned 4th Additional Sessions Judge, on 28.2.1983 after five days of the alleged occurrence.