PAPPU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) PAPPU Yadav the sole appellant in this appeal being aggrieved by the judgment and order dated 17.6.1987 convicting and sentencing him to undergo rigorous imprisonment for life under Sec. 302, Indian Penal Code and rigorous imprisonment for three years under Sec. 27. Arms Act and ordering both the sentences to run concurrently passed by Xth Additional Sessions Judge. Munger in Sessions Case No. 302 of 1986/74 of 1986, has preferred this appeal.

(2.) THE case of prosecution in short is that on 6.9.1985 at about 9.30 a.m., the deceased informant Sukhdeo Yadav was taking tea at the tea stall of Bindeshwari Prasad Yadav (PW 5) in his mohalla in village Basdevpur Khemka, Police Station Kotwali District Munger. Appellant Pappu Yadav along -with co -accused, Shailendra Yadav and Raju Yadav came there and co - accused Shailendra Yadav and Raju Yadav caught hold of the deceased informant and appellant uttering that informant gives too much evidence, therefore, he would be shot fired from his firearm from backside inflicting firearm injury on the back of deceased informant. Deceased informant fell down and the appellant along -with his companions fled away. The occurrence was witnessed by Bindeshwari Yadav (PW 5) Baleshwar Prasad Yadav (PW 4) Rabindra Yadav (not examined) and many others. The fardbayan of deceased informant was recorded on 6.9.1985 at about 11 a.m. by Shamse Alam (PW 9) at Sadar Hospital. Munger. About the genesis of occurrence deceased informant, in his fardbayan, stated that 5 -7 months prior to occurrence he had deposed in a case against appellant and co -accused Raju Yadav and the appellant and his companions had given him threatening that he would be shot dead. On the basis of fardbayan of deceased informant a case under Secs. 307/ 34, Indian Penal Code and Sec. 27, Arms Act was registered against the appellant and co -accused Raju Yadav and Shailendra Yadav. Subsequently the deceased informant died on 30.11.1985. The police, after investigation submitted charge -sheet against the appellant and the aforesaid two co -accused persons under Secs. 307/302/34, Indian Penal Code and Sec. 27. Arms Act. During trial co -accused Raju Yadav died and the trial proceeded against the appellant and co -accused Dinesh Yadav@ Shailendra Yadav who both after trial were held guilty and appellant was convicted and sentenced to undergo rigorous imprisonment for life under Sec. 302; Indian Penal Code and rigorous imprisonment for three years under Sec. 27, Arms Act and co -accused Dinesh Yadav@ Shailendra Yadav was convicted and sentenced to undergo rigorous imprisonment for life under Secs. 302/109, Indian Penal Code who also challenged the judgment and order of his conviction and sentence by preferring separate appeal which was numbered as Criminal Appeal No. 361 of 1987 and that appeal was ordered to be heard along - with this appeal but during the pendency of his appeal he died.

(3.) IN order to prove its case, prosecution has examined nine witnesses. Dharmendra Kumar Sinha (PW 7) is the doctor who had held autopsy on the dead body of deceased informant. Shamse Alam (PW 9) was posted as Assistant Sub -Inspector at Kotwali Police Station, Munger and he had recorded the fardbayan of deceased informant at Sadar Hospital. Munger and he had recorded the fardbayan of deceased in formant at Sadar Hospital. Munger and had also prepared injury certificate for informant and after coming to police station from hospital, handed over the fardbayan of in form an t to Shri Manindra Kumar Sinha (PW 8), the then Officer -in -charge of Kotwali Police Station who first took up the investigation of the case and recorded the further statement of deceased informant but thereafter due to his urgent requirement in law and order duty, handed over the investigation to him. PWs 1 to 6 are other witnesses.