ARUN YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The sole Appellant has been convicted under Sec. 302 Indian Penal Code and sentenced to undergo rigorous imprisonment for life with a fine of Rs. 2,000.00 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.) During trial, the prosecution examined eight witnesses. PW 1, Naresh Yadav, stated that he was standing near the place of occurrence when he saw the Appellant and rest of the accused persons coming and firing on account of which his son, Nitish Kumar, sustained injury, fell down and died. He asserted that it was the Appellant, who had caused the death of his son. He further stated that the accused persons were on litigating terms with Ram Babu on account of which this occurrence took place. In cross-examination, he stated that the accused used to live in the same village and he himself did not have any dispute with them but he was a witness in the murder of the father of Appellant, Arun Yadav, which makes him to be of his party. He clarified that the husband of the Informant, Ram Babu, was an accused in the case and he has been convicted for life after trial and both the families were on litigating terms. It was suggested to him that he had not stated earlier that he was standing near the place of occurrence when the accused persons came there and fired on account of which he died and it was the Appellant, who had caused the death. In fact, he had stated that his elder son, Chunnu Yadav, had come running and told him about the occurrence and then he had gone there and found his son dead. There is nothing else which is of note in his evidence.