KAMLESHWARI @ KAMO YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) NONE appears for the appellant in Criminal Appeal (DB) No.265 of 2005. In the circumstances, we have requested Sri Atal Bihari to appear as Amicus Curiae in the said appeal. He shall be entitled for payment of fee as per Rule made by the Legal Services Authority, Bihar, Patna.

(2.) HEARD learned Amicus Curiae in Criminal Appeal (DB) No. 265 of 2005 as also counsel for the appellant in Criminal Appeal (DB) No. 396 of 2005 and counsel for the State in both the appeals.

(3.) PROSECUTION case set out in the fardbeyan of the informant, Pratap Narayan Yadav (P.W.6) and the evidence of the eye witnesses is that on 29.8.1983 about 11 AM the informant his brother Rameshwar Yadav deceased alongwith Harish Chandra Prasad Yadav (P.W.2), Yogendra Prasad Yadav (P.W.1) was coming from his house at Harnathpur to his native village. When informant and others reached near the house of one Nageshwar Mandal (not examined), the four appellants and two others, i.e., Ravish Yadav and Bijli Yadav armed with revolver, lathi and spear suddenly appeared from the adjoining field in which maize crop was grown and appellant, Shashi Yadav, Ravish Yadav (absconder) shot his brother causing injuy on his head, armpit, leading to instant death of Rameshwar Yadav. After alarm being raised, villagers, Nunmani Yadav (not examined) and Baldeo Yadav (P.W.3) reached and saw Rameshwar Yadav lying on the ground having sustained firearm injuries on his person. The cause behind the occurrence is land dispute pending in the court of Sub Divisional Officer for the last ten years. S.I. Ajay Kumar Mishra of Kotwali P.S., Munger, arrived at the place of occurrence soon and recorded fardbeyan on 29.8.1983 at about 12.15 noon.