BAKHORI YADAV AND ANR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants Bakhori Yadav and Lootan Yadav have been found guilty for an offence punishable under Sec. 307/ 149 of the I.P.C. as well as Sec. 27 of the Arms Act vide judgment of conviction dated 18.09.2013 and each one has been sentenced to undergo rigorous imprisonment for ten years under Sec. 307/ 149 of the I.P.C., rigorous imprisonment for three years under Sec. 27 of the Arms Act with a further direction to run the sentences concurrently vide order of sentence dated 19.09.2013 by the Additional Sessions Judge-IInd, Barh, Patna in Sessions Trial No.42 of 2009 whereupon instant appeal has been filed.

(2.) Ajay Yadav (PW-1) gave his fardbeyan (Exhibit-1) at emergency ward of P.M.C.H. on 20.10.2007, disclosing therein that while he along with his brother Karu Yadav was returning along with mustard oil along with cake after grinding mustard from the mill of Bishwanath Choudhary and reached near Champapur Orchard on 19.10.2007 at 2.00 p.m., they have seen Dhaneshwari Devi, Ramdas Mahto, Lutan Yadav, Bakhori Yadav and Akhilesh Yadav, out of whom, Dhaneshwari Devi had disclosed that as they have deposed against her in connection with Case no.65 of 2007, so they be murdered. In pursuance thereof, the remaining four accused persons began to fire indiscriminately causing injury over the person of Karu Yadav. On hue and cry raised by him, his co-villager Ram Bali Singh, Arun Kumar, Doman Yadav along with others rushed, seeing whom, the accused persons ran away. Then thereafter, Karu Yadav was lifted to P.H.C., Bakhtiyarpur where first aid was given and then was referred to P.M.C.H., where he was operated and was unconscious at the time of recording of fardbeyan.

(3.) The aforesaid fard-bayan was transmitted to Bakhtiyarpur P.S. whereupon Bakhtiyarpur P. S. Case no.276 of 2007 was registered. It is also evident that on account of apprehension of these two appellants, charge sheet was filed and trial proceeded against these two appellants keeping the investigation pending against the remaining three, that means to say, Dhaneshwari Devi, Ramdas Mahto and Akhilesh Yadav. The trial concluded by way of recording conviction and sentence as indicated above, hence, this appeal.