ROHIT YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant Rohit Yadav has preferred this appeal against judgment and order of his conviction dated 30th March, 2001 passed by the 5th Additional Sessions Judge, Begusarai in Sessions Trial No. 262 of 1998 holding him guilty under sec. 302/149 of the Indian Penal Code and sec. 27 of the Arms Act and sentencing him to undergo rigorous imprisonment for life under Section 302/149 of the Indian Penal Code and rigorous imprisonment for seven years under Sec. 27 of the Arms Act. Both the sentences have been ordered to run concurrently.

(2.) THE prosecution started on the fardbeyan of Samarjeet Kumar (P.W.6) recorded by Sub -Inspector of Town Police Station, Begusarai at Kalpana Nursing Home of one Dr. Ashok Sharma at 9.30 A.M. on 15.4.1998. As per the fardbeyan, the informant along with his uncle Naresh Prasad Singh (since deceased) were coming to Begusarai at about 7.15 A.M. to Equivalent Citation:2007 -PLJR -1 -31 depose in a Sessions Trial. They were being followed by their three Gotiyas, namely, Madan Singh, Mukesh Kumar Singh and Mithilesh Prasad Singh at a distance of about 50 yards. In front of them one Lalit Yadav and Niranjan Yadav were travelling on a Rajdoot Motorcycle. The said two persons stopped near Peer Baba Asthan. When the informant along with the deceased reached near Peer Baba Asthan at about 7.30 A.M. they were stopped by said Lalit Yadav and Niranjan Yadav and they gave a call saying that "SALE DONO RAJPUTWA KO JAAN SE MAR DO". On hearing this, from behind the gate of Peer Baba five named accused persons including this appellant came out and surrounded the informant and the deceased. Thereafter, accused Lalit Yadav ordered to fire upon them saying that they make regular pairvi in the court case. On his order, Pramod Yadav fired from his pistol on the deceased hitting him in the eye. Accused Mohit Yadav fired in the stomach and this appellant fired at the shoulder. Santosh Yadav fired 2 -3 times on the deceased which hit at many places on his body. Accused Bakhera Yadav fired on the informant which hit him on the back and his another shot hit the informant at his right hand. The deceased got badly injured and fell down. The informant in order to save himself ran towards Police Station premises where he fell down and became unconscious. After gaining consciousness he found himself in the Kalpana Nursing Home, Begusarai where Officer -incharge of Begusarai Police Station arrived and, as stated earlier, this fardbeyan was recorded. He claimed in the fardbeyan that three named persons, namely, Madan Singh (P.W. 5), Mukesh Kumar Singh (P.W.4) and Mithilesh Prasad Singh (P.W.3), who were coming from behind saw the occurrence and raised alarm on which the informant could be saved. He further claimed that those three persons also ran behind him to the Police Station at the time of occurrence. Some passers -by were also there, who had seen the occurrence and who also would be able to narrate the occurrence. The informant claimed that the motive behind the occurrence was that the informant and the deceased were going to depose in the case in which they were witnesses due to which the incident happened.

(3.) AT this stage, it may be pointed out that it was stated at the bar that the case of other accused was bifurcated and this appellant was put on trial separately and he has been convicted as aforesaid. It was informed that the trial of other accused is still pending and is going on in the court below. However, having been convicted, this appellant has preferred this appeal which has come up for hearing before this Court.