MATUKA YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Solitary appellant Matuka Yadav was put on trial by the learned Ist Additional Sessions Judge, Hilsa (Nalanda) in S.T. No. 170/1999 after being charged with committing offences under Sections 386 and 302 of the Indian Penal Code. The appellant had also been charged under Section 27 of the Arms Act and he was held guilty of committing the offences, he had been charged with by judgment dated 17.05.2010. After hearing the appellant under Section 235 Cr.P.C., the learned trial judge directed him to suffer rigorous imprisonment for seven years under Section 386 IPC, rigorous imprisonment for life under Section 302 IPC and rigorous imprisonment for five years under Section 27 of the Arms Act. It was directed that the sentences were to run concurrently. The appellant has preferred the present appeal to set up a challenge to the correctness of the findings of his guilt and appropriateness of the order of sentence passed upon him.

(2.) As per the prosecution story contained in Ext.2, the fardbeyan of the deceased Ravindra Prasad itself, the appellant had approached him while he was sitting at a particular place with a request to pay some chanda (monetary contribution) for celebrating Saraswati Puja. The deceased declined on the ground that he was short of money on that occasion and no sooner the appellant had heard these words falling from the mouth of the deceased, he pulled out a pistol and fired a shot hitting the deceased in his belly. The deceased stated that he fell down on the ground and he was brought to Hilsa hospital for treatment where he was hospitalized and had given his fardbeyan (Ext.2).

(3.) PW9 S.I. Ram Ekbal Singh was the officer-incharge of Hilsa police station and on receiving the information about the incident, he went into the hospital to record Ext.2, the fardbeyan of the deceased. He drew up the First Information Report on that basis and investigated the case himself.