DUKHITYADAV ALIAS GORKA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellant, namely, Dukhit Yadav @ Gorka has been convicted under Section 302/34 of the Indian Penal Code read with 27 of the Arms Act and has been sentenced to undergo rigorous imprisonment for life under Section 302/34 of the Indian Penal Code and rigorous imprisonment for one year under Section 27 of the Arms Act.

(2.) THE prosecution, as disclosed in the fard bayan of the informant, is that in the evening of 18.3.91, the Appellant had quarrelled with one Sheobardhan Singh and had assaulted him and Sheo Bardhan Singh was going to lodge a case at Hanspura Police Station but returned back from mid way and nobody spoke anything due to fear of the Appellant. Further case of the prosecution is that on the same day at about 10.00 p.m., the informant alongwith his father Kalu Yadav (deceased) and mother Razia Devi (P.W. 1) and the informant 'sson Ranjit Kumar (P.W. 2) were sitting in Dalian where a "Dibri" was burning where the Appellant being armed with Gun alongwith Rajendra Singh, who was armed with pistol came there and Appellant flashed torch light, whereupon, the mother of the informant asked who is flashing torch and the deceased asked the Appellant as to what is the matter on which the Appellant is alleged to have fired upon the deceased, who caught the leg of the Appellant and said that what is his fault. It is alleged that the Appellant fired upon the deceased again followed by accused Rajendra Singh, who shot at the deceased from his pistol. The informant fled away towards west and hid himself in the "Khalihan" and both the accused also fled away towards the west. Thereafter, the informant returned back to the place of occurrence and found that his father is lying dead. The informant also noticed four fire arm injury on the chest and leg of the deceased. The informant proceeded for the police station to lodge the information and met the chaukidar at village Salempur and on way to the police station he met the police Officer at village Itawa, where he gave his fard bayan at 11.15 p.m. i.e. after one hour fifteen minutes of the alleged occurrence. The police registered a case under Section 302/24 of the Indian Penal Code read with 27 of the Arms Act against the Appellant and accused Rajendra Singh and after completing the investigation submitted chargesh(sic) against them under the aforesaid Courts on the basis of which cognizance was taken and the case was committed to the Court of Sessions.

(3.) IT may be pointed out that both the accused faced trial but at the fag end of the (sic) accused Rajendra Singh absconded, (sic) the trial of the Appellant was seperated her declaring accused Rajendra Singh as (sic) conder.