SADHU PRASAD @ NABAB YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) (Oral)- These two Appeals arise out of the judgment dated 6.8.1992 rendered by the Court of 7th Additional Sessions Judge, Patna in Sessions Trial No.521/90.The three accused by name Girija Yadav, Mohan Yadav and Sadhu Prasad @ Nabab Yadav, were tried for the offence of committing the murder of two persons, by name Awadhesh Kumar Yadav and Saryug Yadav at about 7:30 p.m. on 14.8.1992 near Bhelura Tand, within the Naubatpur police station of District- Patna. Through the judgment under appeal, the trial court convicted for offences punishable under Section- 302 I.P.C. and 27 of Arms Act. For the offence punishable under Section-302 of I.P.C. the sentence of imprisonment for life was imposed, and for the one under Section-27(3) of the Arms Act punishment of three years' imprisonment was imposed. Both the sentences were directed to run concurrently. Accused No.3 filed criminal appeal No.390/92, and the other two filed Cr.Appeal No.398/92.

(2.) The case presented by the prosecution before the trial court was as under:

(3.) P.W.5, by name Ramashray Yadav and his two brothers are the residents of Raghunathpur Bhelura and all the three went to Naubatpur Market which is about 3 kilometers away from their village at about 4:00 p.m. on 14.8.1992 and after purchasing some materials there, they were returning to their village by walking. After they had walked about 500 meters from Tilwa Math, Bhelura Tand, the accused attacked the Awadhesh Yadav and Saryug Yadav with firearms by firing bullets through pistol and on seeing that P.W.5 ran away from the place and reached the house. There, he is said to have informed the women folk about the incident and that all of them have gone to the place of occurrence. By the time they reached, P.W.6, the Station House Officer, was said to be present and there he recorded the statement (fardbeyan) of P.W.5.