STATE OF BIHAR Vs. YAMUNA PRASAD

JUDGEMENT

(1.) The present Government appeal has been preferred to challenge the judgment dated 20th July, 1988 passed by the learned Second Additional Sessions Judge, Patna, in Sessions Trial no. 189 of 1986 by which the five respondents of the present appeal were acquitted of the charges under Sections 302 & 302/34 of the Indian Penal Code and 27 of the Arms Act. It is a long narration coming from Gobardhan Sharma (P.W.9) who was the husband of the deceased, Balmiki Devi. Putting in brief the case of the prosecution is that the deceased, Balmiki Devi, was sleeping in the night on 12th July, 1983 in the room which was located at the first floor of the house, which was a solitary room there. The informant, Gobardhan Sharma, used also normally to sleep in the same room. In that particular night the informant had not slept in that room and had chosen to sleep at some other place.

(2.) It is stated that his son, Dinesh Sharma (P.W.8) was sleeping in another room which was located allegedly on the same floor. He picked up some novel and started reading and by that time he found that all the respondents, armed with licensed rifle and guns as also with country made pistols, started firing. The respondents were seen by Dinesh Sharma in the flash of torch light. It is stated that the deceased Balmiki Devi had received a gun shot into her back and she fell dead. The informant, hearing the cries and shout of his son, came there and found his son lying over the body of his mother and weeping incessantly who narrated about the incident and further narrated that it was Yamuna Prasad who had fired the shot which hit the mother of P.W.8 and wife of P.W.9. It is stated in the fardbayan that the son of the informant, P.W.8, closed the door of his room and started shouting and raising hulla as a result of which the accused persons came down from the roof by the stair case and during that course they stated that they have killed a wrong person as they have come to kill P.W.9, Gobardhan Sharma.

(3.) As regards the motive for the occurrence, the informant stated that there was some dispute in respect of some construction work to be going on for constructing a School building and as a result of that, and under a conspiracy with some other persons like Kapilesh Prasad and Ajoy Kumar, the murder of his wife had been committed.