SAROJ SINGH @ SAROJ YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The fateful incident, in which Bhuvaneshwar Rai alias Bhuwar was killed, was off-shoot of the previous incident and that too for a paltry dispute.

(2.) Precisely, it was stated in the fardbeyan of Sheo Shankar Singh that shortly after he came back to the lodge, after attending tuition, he learnt about an incident of assault among the students and in subsequent event, which was fall out of the previous incident, that took place within half an hour Bhuvaneshwar Rai alias Bhuwar sustained firearm wounds by unruly mob of students, some of whom had also dealt blows with sharp edged weapon on his head. The injured being critical, was carried to hospital where he was declared dead, having succumbed to the injuries. Fardeyan was recorded in the. hospital by the person who accompanied the injured to the hospital. As usual investigation followed and in course of investigation, Police Officer prepared inquest report over the dead body, secured post mortem report from the doctor, recorded statement of witnesses and on conclusion of investigation, laid charge sheet before the Court.

(3.) In the eventual trial that followed, State examined 11 witnesses and defence too examined as many as five witnesses, obviously to counter allegations attributed to the appellants. Defence of appellants was that of innocence and they ascribed their false implication though for no good reason. The trial Court, however, rejecting plea of innocence of the appellants, while recorded finding of guilt against Uday Yadav under Section 302 of the Indian Penal Code (IPC) and sentenced him to suffer rigorous imprisonment for life, convicted other appellant Saroj Yadav under Section 302/149 IPC with same term of imprisonment as that of Uday Yadav. Uday Yadav suffered conviction also under Section 148 IPC and Section 27 of the Arms Act, and while on first count, he was sentenced to undergo rigorous imprisonment for a term of three years, on the second count, he was sentenced to undergo imprisonment for five years. Saroj Yadav too suffered conviction under Section 148 IPC for which he too was sentenced to suffer rigorous imprisonment for a term of three years. However, sentences awarded to them were directed to run concurrently.