YADU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants 1 and 2, Yadu Yadav and Gandhi Yadav, have been convicted under S. 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. Appellant No. 3 Antu Yadav has been convicted u/ S. 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. Two of the accused Bairam Yadav and Prahlad Yadav have already been acquitted by the trial court.

(2.) The case of the prosecution appears to be that on 2-4-1987 at about 6-30 p.m. while deceased Bishwanath Yadav along with his wife Lalita Devi (P. W. 1), the informant, were returning home after purchasing some cloth from the market in connection with the marriage of their daughter and when they reached a bit ahead of Coolipara by the side of railway line, all of a sudden, Antu Yadav armed with countrymade pistol came and fired one shot at the back of Bishwanath, the victim, and then ran away along with the appellants Yadu Yadav and Gandhi Yadav. Bishwanath Yadav fell down on sustaining injuries. The informant began weeping. The wife of the victim tied the wound of the victim by the cloth of her peticoat. There were 2-3 persons at some distance whom the informant could not identify. Thereafter people collected there and her husband was taken to Manihari State Dispensary where he died,. S. K. Brahmchari, A.S.I., on receiving O.D. slip reached the Manihari Hospital, where he recorded the Fardbeyan of Lalita Devi at about 8-30 p. m. which forms basis of the FIR which was registered at 9-20. The Investigating Officer, after recording Fardbeyan, started investigation. He prepared the inquest report of the dead, body. The dead body was sent for postmortem examination, which was done by Dr. Indra Prasad Bhagat on 3-4-1987 at about 9-00 a.m., at the Purnea Sadar Hospital. After completing investigation the police submitted charge-sheet against the three appellants along with two other acquitted accused. According to prosecution, the occurrence took place due to some enmity. No witness in defence has been examined.

(3.) Prosecution in support of the case, produced seven witnesses. P.W. 1 Lalita Devi is the wife of the deceased and the informant of this case. She is an eye witness, P.W. 2 Harihar Yadav, the brother of the deceased, came to the place of occurrence and raised alarm. P.W. 3 has been tendered for cross examination. P.W. 4 Naresh Yadav also came on the spot after the occurrence. P.W. 5 is the doctor, who conducted the postmortem examination. P.W. 6 is the Investigating Officer in this case, who submitted charge- sheet after investigation. P.W. 7 is the Circle Officer who has proved the confessional statement (Exhibit-6 of Antu Yadav said to have been recorded by the Anchal Adhikari.