PAGLU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant was put an trial for offence under Section 302 of the Indian Penal Code and Section 27 of the Arms Act. Additional Sessions Judge IVth, Begusarai by judgment dated 25th of Janu- ary, 2002 passed in Sessions Trial No. 365 of 2000 held him guilty on both the counts and adjourned the case for hearing on the question of sentence to 28th of January, 2002. On the said day, the learned Judge inflicted punishment of rigorous imprisonment for life under Section 302 of the Indian Penal Code and rigorous imprisonment for three years for offence under Section 27 of the Arms Act. Sentences were directed to nun concurrently.

(2.) Aggrieved by the same, appellant has preferred this appeal.

(3.) Prosecution started on the basis of a fard beyan given by P.W.4 Alodhani Devi, before the Sub-Inspector of Sahebpur Kamal police station on 21-3-1998 at 12.30 p.m. According to the fard beyan, on 21-3-1998 at about 8.30 a.m. the informant was mixing maize with Khairi in the Verandah of her hut to feed the buffalo. According to her, her eldest son deceased Bambam Yadav, was being abused by the appellant-Paglu Yadav, who happens to be the son of 'the eldest brother of her husband. Bambam Yadav protested to the abuse hurled by the appellant, it which she appellant left the place threatening to teach him a lesson, returned from hi^ house with a pistol and fired at Bambam Yadav causing injury on his chest. Sustaining the injuries Bambam Yadav fell down in the courtyard and died. Appellant fled away towards the east along with the pistol from the place of occurrence.