SHIV SHANKAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been found guilty under Sections 307 and 459 of the Indian Penal Code and has been punished to undergo rigorous imprisonment for five years for each of the offences by the Additional Sessions Judge III, Darbhanga, in Sessions Trial No.68/1990.

(2.) Initially there were two accused in this case. Chintoo Yadav who was also an accused, has been acquitted by the learned Additional Sessions Judge from all the charges.

(3.) The Fardbeyan was recorded on 11.11.87 at 12 P.M. stating therein that the informant Ram Nandan Yadav woke up when he heard the sound of his milk-churning machine being removed. On waking up he saw one man lifting his machine. He caught hold of that person whom he identified as the appellant. Both of them had a scuffle in the angan. During this scuffle, the informant Ram Nandan Yadav fell on the ground and Shiv Shankar Yadav the appellant sat on his chest. In the meantime, the brother of the informant came to the place of occurrence. It is said that Anirudh Yadav inflicted a lathi blow on Shiv Shankar Yadav. The informant felt pain in his stomach and thereafter he fainted. He was taken to the hospital where he gave his fardbeyan. It is stated in the FIR that apart from his brother and bhabi, certain other villagers also came to the place of occurrence.