DINA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THERE are three appellants in this appeal. They have been convicted under Section 302/34 of the Indian Penal Code and sentenced to rigorous imprisonment for life. They have also been convicted under Section 201 of the Penal Code and sentenced to rigorous imprisof. ment for two years.

(2.) RAJ Kumar Yadav of village Premtola, P.S. Naya Ram Nagar (Safiyabad) district -Munger made a fardbeyan on 18.7.96 at 8.30 P.M. to the effect that at 5.00 P.M. his brother Pampu Yadav had been shot dead by the appellants and his body thrown in the Ganges across village Janipur. He stated that the occurrence was seen by Bisheshwar Paswan, Ramji Paswan, Rohin Yadav, Khaltu Yadav and several others. He further disclosed that motive behind the occurrence was pending dispute between his deceased brother Pampu Yadav and Guruji Yadav.

(3.) AT the trial the prosecution examined eight witnesses to prove its case, out of whom four turned hostile and one was tendered. The hostile witnesses are P.W. 1 Maharangi Paswan, RW. 2 Ramji Paswan, P.W. 4 Bisheshwar Paswan and P.W. 5 Khaltu Yadav. The tendered witness is P.W. 3 Rohin Yadav. S.I. Murari Prasad i.e. the Investigating Officer, Bijay Kumar Mandal, a Judicial Magistrate who recorded the statement of P.W. 1 Maharangi Paswan under Section 164 Cr.P.C, were examined as P.Ws. 7 and 8. The informant, Raj Kumar Yadav, examined as P.W. 6 is the solitary material witness on the point of occurrence.