SUNIL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant has been convicted for the offence under Section 304 of the Indian Penal Code as well as under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for six years for the offence under Section 304 of the Indian Penal Code and two years for the offence under Section 27 of the Arms Act.

(2.) The prosecution case in the fardbeyan by the informant Kedar Prasad Tanti is that he heard the sound of firing and ran to the house of Sidheshwar Tanti. He saw his father dead and blood oozing out from his head. Sidheshwar Tanti disclosed that there was quarrel between Chandrashekhar @ Bijali Yadav and Chandrika Yadav. In the mean time, Awadh Yadav intervened to end the quarrel. Subsequently, Sunil Yadav, Lakshmi Narayan Yadav, Tilak Dhari Yadav, Jamindra Yadav, Awatar Yadav, in furtherance of common intention collected on the Kachchi Road in front of the house of Daso Yadav. Sunil Yadav fired at Awadh Yadav on the abetment of Awatar Yadav and Shekhar Yadav to kill but the shot hit at Hiraman Tanti instead of Awadh Yadav and Hiraman Tanti succumbed to injury. The motive behind the occurrence is enmity between Awadh Yadav and Sunil Yadav.

(3.) On the fardbeyan, the First Information Report was lodged and after investigation charge-sheet was submitted, cognizance was taken. The charge was framed under Section 302 of the Indian Penal Code. During the trial 12 witnesses were examined on behalf of the prosecution and one witness examined on behalf of the defence. Out of 12 witnesses P. Ws. 1, 4 and 6 are not the eye-witnesses. P. Ws. 2, 3, 5 and 10 are the material witnesses who claimed to have seen the occurrence. P. W. 7 is the informant. However, in his evidence he also claims to have seen the occurrence. P. W. 9 is the witness of the inquest report. P. W. 8 is the doctor who conducted the post-mortem. P. Ws. 11 and 12 are the I.O. of the case. P. W. 6 is the daughter of the deceased. P. W. 1 is the sister of the informant and daughter of the deceased. P. W. 4 is the uncle of P. W. 10 Awadhesh Prasad Yadav, P. W. 5 is the wife of P. W. 10. P. Ws. 2, 3, 5 and 10 supported the prosecution case that Sunil Yadav fired causing injury to the deceased Hiraman Yadav on the head by which he succumbed to injury. P. Ws. 1, 4 and 6 have stated that on Hulla they went to the place of occurrence and then saw Sunil Yadav fleeing away with the gun. The doctor found the firearm injury and the I.O. found the place of occurrence is near the house of Sidheshwar Tanti. Taking into consideration the evidence of the witnesses the trial court convicted the appellant for the offence under Section 304 of the Indian Penal Code and 27 of the Arms Act and sentenced as mentioned above.