STATE OF BIHAR Vs. UPENDRA YADAV @ PASSENGER YADAV

JUDGEMENT

(1.) PROSECUTION cased initiated on Fardbeyan of one Bhola Prasad Yadav P.W.1, in brief, is that the then Minister, Sales Tax and National Saving Scheme, Govt. of Bihar Upendra Prasad Verma was a candidate of Janta Dal in election for member of Parliament from Munger Constituency. In connection with election campaign he along with his supporters including the informant reached Yadav Sewa Sadan Bhawan at Mohalla Lal Darwaza on 24.4.1996 at about 3.45 P.M. A meeting was held there.

(2.) NOW it is alleged that at about 4.30 PM, 10-12 local residents started brick-batting exhorting 'Maro Maro'. There was some scuffle also with the Hon'ble Minister. Informant rushed in rescue of the Hon'ble Minister but he along with Minister P.W.3, Bijay Yadav P.W.4, Narain Yadav P.W.2 and P.W.5 Birendra Kumar Verma sustained injuries. Constable Sagar Yadav intervened, carried the Minister to Sadar Hospital, Munger on his Motorcycle. Other injured persons also were treated there. A claim is made to identify the assailants by face.

(3.) NOW only statements of these witnesses are to be discussed if can be believed on the point of identification of accused respondents as assailants.