ARUN YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THE sole Appellant has been convicted under Section 302 Indian Penal Code and sentenced to undergo rigorous imprisonment for life with a fine of Rs. 2,000/ - and in default of which to further undergo three months simple imprisonment vide judgment and order of conviction dated 17.08.2010 and 20.08.2010 respectively passed by the Additional Sessions Judge, XI, Patna, in Sessions Trial No. 853 of 2007 arising out of G.R. Case No. 34 of 2005 (Dhanarua P.S. Case No. 16 of 2005).

(2.) THE case of the prosecution, according to the Informant, Fulan Devi (PW 6), is that on the date of occurrence i.e. 17.01.2005 at about 7.00 PM, suddenly the accused persons named and two other unknown persons variously armed entered into her house and immediately thereafter Appellant fired on account of which Nitish Kumar, the deceased, aged about 5 years sustained gun shot injury and died and then accused Uma Yadav snatched away the ear rings of her daughter -in -law, Urmila Yadav, whereas, accused Awadh Yadav and Mandal Yadav assaulted her with the butt of the gun. The accused persons were looking for her son Jhanak Yadav and Dharmendra Yadav, who had scaled the wall and ran away. The reason for the occurrence was old enmity. This fard -e -beyan was given at 8.50 PM before the Officer -in -Charge, Dhanarua Police Station.

(3.) PW 2, Bharat Yadav, is a hostile witness and appears to be hearsay witness at an earlier point in time.