HARESH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) The present appeal has been directed against the judgment of conviction dtd. 29/3/2023 and order of sentence dtd. 5/4/2023 passed by learned Additional District and Session Judge-I cum Special Judge SC/ST (P.O.A) Act, Buxar, in SC/ST case no. 173/2021, arising out of Brahmpur (Krishna Brahm) P.S. case no. 84/2003 whereby and whereunder the appellant has been convicted for the offences punishable under Ss. 324, 307, 452 of the Indian Penal Code, Sec. 27 of the Arms Act and Sec. 3(i)(xi) of SC/ST (P.O.A) Act and has been sentenced to undergo seven years imprisonment alongwith fine of Rs.25,000.00 (Twenty five Thousand) under Sec. 307 of I.P.C. and in default of payment of fine, appellant will have to suffer additional imprisonment for six months. Appellant has further been sentenced to undergo two years imprisonment under Sec. 324 I.P.C. and to undergo imprisonment for four years alongwith fine of Rs.10,000.00 (Ten Thousand) under Sec. 452 of I.P.C. and in default of payment of fine, appellant will have to suffer additional imprisonment of four months. Appellant has further been sentenced to undergo imprisonment for three years alongwith fine of Rs.2000.00(Two Thousand) under Sec. 27 of Arms Act and in case of default of payment of fine, appellant will have to suffer additional rigorous imprisonment for two months. Appellant has further been sentenced to undergo imprisonment of two years alongwith fine of Rs.5,000.00 (Five Thousand) under Sec. 3 (i) (xi) of SC/ST (P.O.A) Act and in default of payment of fine, the appellant will have to suffer additional imprisonment of two months. The learned trial court ordered that all the sentenced shall run concurrently except the default sentences.

(3.) As per prosecution case, informant has narrated the story that while he was sleeping alongwith his family in the intervening night of 25/26/5/2003 near about 12:30 AM, he woke up and saw 3 - 4 persons entered in the house of informant. When informant asked them about their identity, they asked the informant to remain silent and go to sleep, as a result of which informant got afraid. In the meanwhile, informant's wife woke up after hearing the noise and she also enquired about the persons. It is alleged that informant identified one person as younger son of late Naga Yadav of Lalee Ke Dera (Soa) village but informant does not know the name of the said person. It is further alleged that when the informant turned on the torch, he identified the face of the said person but he did not know the name of the said person and the said miscreant fired bullet which hit upon arm and chest of informant's wife and blood started oozing out. It is further alleged that informant was also hit by bullet in his left arm and blood started oozing out.