GOBARDHAN YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been filed on behalf of the sole accused/appellant assailing the judgment/order dated 18/22.02.2013 passed by Ad hoc Additional Sessions Judge -IV, Jehanabad in Sessions Case No. 54 of 2005/Sessions Trial No. 75 of 2006, whereunder sole appellant has been convicted for the offence under Section 302/34 of the Penal Code and Section 27 of the Arms Act and sentenced to suffer Rigorous Imprisonment for life, pay fine of Rs. 50,000/ -, in default of payment of fine, to further suffer one year Rigorous Imprisonment. For conviction under Section 27 of the Arms Act he has been awarded Rigorous Imprisonment for three years with direction to pay fine of Rs. 5,000/ -, in default of payment of fine to undergo Rigorous Imprisonment of three months.

(2.) PROSECUTION case, as set out in the fardbeyan of Karamat Yadav (not examined), resident of Village - Balu Bigha, P.S. - Kako, District -Jehanabad, recorded by Sub -Inspector Ramesh Singh, Officer -in -Charge, Kako Police Station on 19.12.2001 at 8:15 A.M. in the house of the deceased in Village - Balu Bigha is that in the previous night after taking meal informant was sleeping in the verandah of his house. His other family members were sleeping inside the house. Around 10:00 P.M. sound of firing shots was heard, the informant woke up and saw in the lantern light that Gopal Yadav, Lallu Yadav, both residents of Balu Bigha and 3 -4 others armed with rifle, pistol had surrounded his verandah. Meanwhile the daughter -in -law of the house came out from inside and informed the informant that on the roof of the house Bullu Yadav and his wife have been shot at by the miscreants. Informant also went to the roof and found his son Bullu Yadav and his daughter -in -law Judarni Devi to have suffered gun shot injury and were dead. Informant raised alarm but none of the villagers came to his house. In the First Information Report informant has further stated that he had land dispute with aforesaid Gopal Yadav and Lallu Yadav. He further stated in the said fardbeyan that his deceased son Bullu Yadav also had dispute with regard to partition of land with his brother Badri Yadav and Gobardhan Yadav, appellant. In the concluding portion of the fardbeyan informant also claimed that his son Badri Yadav, Gobardhan Yadav hatched a conspiracy with Gopal Yadav, Lallu Yadav and got his son Bullu Yadav and his daughter -in -law Judarni Devi killed by Gopal Yadav, Lallu Yadav. Perusal of the fardbeyan indicates that over the same Girja Yadav, P.W. 2 has also put his signature and is the attesting witness of the fardbeyan. The fardbeyan was forwarded by the scribe Sub -Inspector Ramesh Singh of Kako Police Station on the basis of which present Kako P.S. Case No. 302/2001 dated 19.12.2001 was registered under Section 302/120(B) of the Penal Code and Section 27 of the Arms Act and the Officer -in -Charge, Kako Police Station took over the investigation of the case. Having completed the investigation, charge -sheet was submitted only against the appellant as another co -accused Badri Yadav remained absconding. So far Gopal Yadav, Lallu Yadav are concerned, the Investigating Officer submitted Final Form against the two. In the light of the charge -sheet cognizance was taken and the case was committed to the court of Sessions for trial. In support of the prosecution case prosecution examined as many as seven witnesses out of whom P.W. 1 Sheo Nandan Yadav, P.W. 2 Girja Yadav, P.W. 3 Sumanti Devi, P.W. 4 Hansmuhia Devi have not supported the prosecution case and have been declared hostile.

(3.) DEFENCE has also examined four witnesses, namely, D.W. 1 Krishna Singh Yadav, D.W. 2 Ramtit Yadav, D.W. 3 Ramji Yadav, D.W. 4 Surya Narayan Singh and also relied on the certificate issued by officer of N.T.P.C. Sri Ramesh Kumar (Exhibit -A).