SAWRU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals have been filed by the four appellants being aggrieved by the judgment of conviction and order of sentence dated 17.06.1992 passed by the learned 2nd Additional Sessions Judge, Ara convicting the appellants under Section-302/34 of the Indian Penal Code and further convicting them with the exception of Satyanarain Yadav under Section-27 of the Arms Act. They have been sentenced to life imprisonment and imprisonment of seven years respectively. The sentences were ordered to run concurrently.

(2.) Heard learned counsel for the appellants and learned Additional Public Prosecutor. We are indeed surprised as to how the learned trial Judge has at all considered convicting the appellants. It may also be noticed that so far as the appellant- Sawru Yadav is concerned, as per the Court's own assessment, he would be about 14 years old on the date of occurrence. So far as appellant-Satyanarain Yadav is concerned, he would be 17 years on the date of occurrence and hence both would be juvenile in conflict with law.

(3.) The prosecution case is based upon the fardbeyan of the informant, Sheomuni Singh alias Seomuni Yadav (P.W.8) alleging, inter alia, therein that he along with his brothers were at their boring in their farm at about 7 pm on 25.09.1986. They found the four appellants armed with guns with the exception of Satyanarain Yadav, who was armed with 'chhura' in his hand, going from south to north by the 'Merh' east adjacent to his boring. He became suspicious and rushed to home. The wife of Singhasan Yadav, the deceased, being Gangia Devi (P.W.2), informed him that her husband Singhasan Yadav had not returned from market. They then heard a gun shot. He rushed back to the boring and they tried to look around but could find nothing. They then saw the four appellants returned. They all came to home. In the next morning, they were told that the dead body of Singhasan Yadav was lying outside the village in a paddy field with a bullet injury and stabbing wound. It is further stated that there have been cases as between the appellants and informant and Singhasan Yadav because of which they might have killed Singhasan Yadav. After investigation police submitted charge-sheet. Upon cognizance being taken, the case was committed to the Court of Sessions and the appellants, being pleaded not guilty, were tried and sentenced as stated above.