PRADEEP YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant/accused Arun Yadav and appellant/accused Pradeep Yadav, by these two separate appeals are challenging the judgment and order dtd. 19/2/2014 and 20/2/2014 respectively, passed by the learned Ad hoc Additional Sessions Judge -II, Nawada, in Sessions Case No. 42 of 2013/16 of 2013, thereby convicting them and sentencing them appropriately. Appellant/accused Arun Yadav has been convicted of the offence punishable under Sec. 302 of the Indian Penal Code and under Sec. 27 of the Arms Act 1959.

(2.) The facts leading to the prosecution of the accused gathered from the Police report can be summarized thus:

(3.) I heard the learned counsel appearing for both the appellants at sufficient length of time. It is argued that both the appellants are falsely implicated in the crime in question. In fact Munna Mian was killed by somebody else and later on by filing the false FIR, both the appellants are falsely implicated. It is further argued that the place of occurrence is not proved by the prosecution. PW 15 Chandra Shekhar Azad, Investigating Officer stated that the incident took place on the road whereas other witnesses are stating some other spot as the place of incident. It is argued that the Investigator had not collected blood stained earth from the spot of the incident and had not sent the same to the FSL for proving the spot of the incident. To substantiate this contention, reliance is place on Lakshmi Singh and Others Vs. State of Bihar reported in AIR 1976 Supreme Court 2263. It is further argued that the medical evidence is not corroborating the ocular evidence; rather the medical evidence is not in tune with the ocular evidence. According to the learned counsel, the medical evidence shows that the bullet was fired from a distance of more than six feet and, therefore, ocular evidence that it was fired from a close range can not be accepted. It is further argued that the prosecution case that accused Pradeep so also his associates had caught hold of Munna Miya and accused Arun fired a bullet is improbable because there was possibility of the bullet hitting others also.