SHYAM KUMAR @ SHYAMA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two appeals arise out of judgment of conviction and order of sentence dated 18.08.2007 passed by the learned Presiding Officer of Fast Track Court No.II, Munger jointly in Sessions Trials No.230 of 1999 and 230A of 1999 by which the two appellants in each of the two appeals, totaling up to four, were held guilty of committing offence under Section 302/34 IPC as also Section 27 of the Arms Act. They were heard on sentence on the same day and were directed to suffer rigorous imprisonment for life under Section 302/34 as also rigorous imprisonment of three years for being held guilty under Section 27 of the Arms Act. The learned trial Judge directed the sentences to run concurrently.

(2.) AS per the prosecution story which emanated from the fardbeyan of Pinki Devi, PW.5 the wife of the deceased Sanjeev Yadav @ Doman Yadav, the couple had treaded out of their house to attend the call of nature and when they had come to a particular place, five accused persons named in the FIR, which included the four appellants as also one Naresh Yadav, came there, surrounded him and one after the other fired shots at him.

(3.) THERE is no dispute in the fact that deceased Sanjeev Yadav @ Doman Yadav succumbed to his injuries which were found caused by fire arms by PW.6 Dr. Krishna Mohan Purvey. The investigation which was conducted by PW.7 S.I. Jai Bihari Singh found that appellants Shyam Kumar @ Shyama Yadav and Ram Kumar @ Rama Yadav had no complicity in the commission of the offence and, as such, they were not sent up. The police submitted chargesheet by sending up appellants Hirday Yadav and Dasrath Yadav for their trial and, accordingly, the trial proceeded against them after framing of charges on the 06th of December, 1999 as it appears from the order passed by the learned trial Judge in Sessions Trial No.230 of 1999.