JAGO YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE three appellants before this Court are aggrieved by the judgment and order dated 19th August 2000 in Sessions Trial No. 370 of 1990/70 of 1996 of 7th Additional Sessions Judge, Nalanda at Biharsharif who has convicted all the appellants to undergo R.I. for five years under section 307 of the Indian Penal Code and to pay a fine of Rs. 2000/- each and in default of payment of fine, R.I. for six months. Appellants 2 and 3 were further sentenced to undergo R.I. for three years under section 27 of the Arms Act. The sentences were to run concurrently.

(2.) THE prosecution case in brief is that on 19.04.1995 at about 6.30 A.M. when Nirmala Kumari niece of informant Chotey Yadav aged 6 was going towards river side, the wife of Bindeshwar Yadav on seeing her, started abusing her alleging that she has uprooted the onion from the field of Yogendra Yadav. On this, Ravbindra Yadav protested and there was exchange of hot word between Rabindra Yadav and Yogendra Yadav. Yogendra Yadav assaulted Rabindra Yadav. Thereafter Rabindra Yadav fled away towards his house and he was followed by Yogendra Yadav, Ram Bachan Yadav , Jago Yadav, Surendra Yadav and Bindeshwar Yadav who were all carrying firearms. After hearing the noise, the informant came out of his house, it is said that Jago Yadav ordered Yogendra Yadav to kill him, thereupon Yogendra Yadav fired which hit Chotey Yadav on his chest. Ram Bachan Yadav also fired on Chote Yadav the informant which hit him in his stomach.

(3.) WITH respect to the other appellants counsel for the appellants submits that the prosecution has not been able to establish that P.Ws 1, 2, 3 and 5 were the eye witnesses to the actual firing. It is submitted that at most they could have come up with a case that on hearing the sound of firing they were able to see the miscreants, but to say that they were able to see the entire incident is an exaggeration , keeping in view the topography of the area . In their enthusiasm to support each and every part of their occurrence they have weakened rather than strengthened the prosecution version.