CHANDESHWARYADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH these Criminal Appeals arise out of the same judgment and order of conviction and sentence passed by the Additional Sessions Judge I, Barh in Sessions Trial No. 331 of 1994. Therefore, both these Criminal Appeals are disposed of by this common judgment.

(2.) APPELLANT Chandeshwar Yadav has been convicted for the offence under Sections 302/34 of the Indian Penal Code and sentenced to undergo R.I. for life. Appellant Lakhan Yadav has been convicted for the offences under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act and sentenced to undergo R.I. for life under Sections 302/34 of the Indian Penal Code and to undergo R.I. for three years under Section 27 of the Arms Act. Both the sentences are to run concurrently.

(3.) IN short the case of the prosecution is that on 7.10.1992 at 5.15 P.M. deceased Ramashray Yadav after feeding the cattle was sweeping his Bathan and at that time the informant, Jaminder Gope brother of the deceased, Soni Devi wife of the deceased, Haran Yadav, Parmeshwar Yadav, and Manoj Yadav were also sitting in that Bathan which is close to the Bathan of accused Chandeshwar Yadav and Chandeshwar Yadav called his maternal uncle Lakhan Yadav who came with pistol and then Chandeshwar Yadav asked him to fire at deceased Ramashray Yadav on which Lakhan Yadav fired from his country made pistol in his chest and Ramashary Yadav ran from there and fell down near the house of Bishuni Yadav. Thereafter both the accused fled away. The informant JamindarYadav and the persons, who were then present in the Bathan and some others went to the place where Ramashray had fallen and they took him to the Barh Hospital but in the way he died. The doctor of the Barh Hospital declared him dead. The reason of occurrence is said to be that accused Lakhan Yadav is a criminal and after committing crimes he used to take shelter in the house of Chandeshwar Yadav and he was also putting pressure on the deceased to keep his illegal arms to which the deceased had objected.