PRAYAG NARAYAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant Barfi Yadav was convicted and sentenced to undergo rigorous imprisonment for four years under Section 307 of the Indian Penal Code (hereinafter to be referred to as the Code). The appellants prayag Narain Yadav and Chandra Yadav were convicted and sentenced to undergo rigorous imprisonment for one and a half years each under Section 324 of the Code and all the three appellants were convicted and sentenced to undergo rigorous imprisonment for three years each under Section 27 of the Arms Act, both the sentences in respect of all the appellants having been ordered to run concurrently, acquitting the appellants and other accused persons of the charge under Section 307, read with Section 149 of the Code, vide the judgment and order dated 3/5/1990 passed by the 3rd Additional Sessions Judge, Nawada in Sessions Trial No. 152 of 1984.

(2.) The prosecution case as unfolded in the FIR and the evidence of the prosecution witnesses was, in short, as follows: At about 9.10 p.m. on 11/11/1978, the informant Krishnadeo Prasad (PW 8) after taking meal went to his cabin to keep watch over his electric pumping set. While he was at a distance of about 75 yards from the cabin he saw that the door of the cabin was opened and certain miscreants were removing his electric motor. Amongst the miscreants identified by the informant were the appellants as well as Yogendra Yadav, Kishore Yadav, Bimal Yadav, Pravesh Yadav and Chandrika Yada v. PW 8 protested against the removal of his electric motor, whereupon appellants Prayag Narayan Yadav and Barfi Yadav dealt garasa blows on his head and Yogendn, Yadav and Pravesh Yadav showered lathi blows on him. Took Narayan Madto (PW 6), Sadhu Sharan Mahto (PW 5), Karamchand Mahto (PW 4) and Parmeshwar Mahto (PW 7) after hearing the alarm and sound of firing, reached the scene of the incident. PW5 5 and 6 got ready to intervene to save the informant but to their utter dismay and surprise, they were also assaulted by Yogendra Yadav and Pravesh Yadav with lathi. The appellant prayag Narain Yadav resorted to firing. The shot fired by him hit Krishnadeo Prasad (PW 8) as a result of which he sustained injury on his left arm. The appellant Chander Yadav also opened fire causing gun shot injury to both PW5 5 and 6. A number of villagers arrived at the place of occurrence and they also witnessed the incident leading to assault on the victims. Thereafter the appellants and their associates retreated taking away the electric motor pump and its accessories.

(3.) On the day following at about 8.45 a.m. Ramneh Singh, Sub-Inspector of Police (PW 13) recorded the fardbeyan (Ext. 3) of the informant at State Dispensary, Hasua on the basis of which the formal FIR (Ext. 4) was drawn up and Hasua P.S. Case No. 7 of 1978 giving rise to the instant case was registered. PW 13 took up investigation, he recorded the statements of the witnesses inspected the place of occurrence and after completing investigation submitted charge-sheet and finally the trial commenced after commitment.