YOGENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) AMONG the appellants, while appellant No. 1 suffered conviction under Section 307/114 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for a term of four years, rest two appellants suffered conviction under Section 225 (Part II) of the Indian Penal Code and were sentenced to suffer rigorous imprisonment for a term of two years.

(2.) AT the outset I may refer to some of the salient features of the prosecution case centering round the incident in question. The factual matrix appearing from the written statement of Mahanth Ram Rup Das (P.W. 12) and also the narrations made by the witnesses at trial was that at about 11.00 A.M. on 24th April, 1988 while a Panchayati was convened for resolution of the dispute between Yado Lal Sah and Sukhram Rai and the Panches were considering the rival claims of the parties, the appellants came alongwith others, pursuant to which on exhortation made by appellant No. 1 Ajay Singh, though intended to fire a shot, aim was lost. It was alleged that when Ajay Singh again wanted to take recourse to firing, he was apprehended by Punyadeo Singh and Yado Lal Sah pursuant to which he was rescued by appellants No. 2 and 3. It was Mahanth Ram Rup Das who set the criminal law in motion, pursuant to which the investigation commenced in course of which the police officer recorded statement of witnesses, visited place of occurrence and on conclusion of investigation laid chargesheet before the Court.

(3.) THE defence of the appellants was of total innocence and they ascribed their false implication at the instance of opposite party who was inimical and hostile to them. The trial Court, however, on consideration of evidences while rejecting the plea of innocence recorded finding of guilt and sentenced them in the manner stated above.