LAWS(PAT)-2024-5-58

NIRANJAN YADAV Vs. STATE OF BIHAR

Decided On May 10, 2024
Niranjan Yadav Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Present Cr. Appeal SJ No. 1446 of 2022 has been preferred against the impugned judgment and order dtd. 28/2/2022 and 5/3/2022 passed by Addl. Sessions Judge-1, Munger, in Sessions Trial No. 31 of 2004 whereby the Appellant was found guilty of offence punishable under Sec. 307 and 323 of the Indian Penal Code and Sec. 27 of the Arms Act and he was sentenced to undergo rigorous imprisonment for ten years with fine of Rs.2,000.00 and in case of default to pay the fine, additional simple imprisonment for 3 months for the offence under Sec. 307 of the Indian Penal Code and simple imprisonment of one year under Sec. 323 of the Indian Penal Code and fine of Rs.1,000.00 and in case of default to pay the fine, additional simple imprisonment for one month.

(2.) The prosecution story, as emerging from the Fardbeyan of informant, in brief, is that on 9/5/1997 at 7:00 A.M. while the informant's aunt Janki Devi was returning from her agricultural field after spraying ash on crops and when she reached near the house of Ambika Yadav, he raised the slogan of Jai Bajrangwali to which she protested and a quarrel took place in between them and the accused persons came and surrounded her and tried to assault her but he rescued her and ran towards the house but Ambika Yadav and Niranjan Yadav started firing hitting over his right hand, left side of abdomen and left leg. His brother Girish Yadav who came to rescue his mother was also assaulted with bricks causing injury over his eyes and both of them were taken to Sangrampur hospital where he was being treated. Bullet of gun fired by Niranjan Yadav hit him and Raso Yadav was asking the accused persons not to leave them alive.

(3.) The aforesaid Sessions Trial No. 31 of 2004 arises out of Sangrampur P.S. Case No. 56 of 1997 dtd. 9/5/1997 registered for the offence punishable under Ss. 341, 323, 324, 337, 307 read with Sec. 34 of the Indian Penal Code and Sec. 27 of the Arms Act. This F.I.R. was lodged on the basis of the fardbeyan of the informant one Shankar Yadav against seven accused persons namely, Ambika Yadav, Rasho Yadav, Mogal Yadav @ Manoranjan Yadav, Niranjan Yadav (who is Appellant herein), Pappu Yadav, Bahadur Yadav and Naujodhi Yadav.