SALLO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) M these appeals arise out of the same judgment and, as such, they were heard together and are being disposed of by this common judgment.

(2.) PROSECUTION story according to the fardbeyan given by Siyaram Yadav (deceased) on 24.3.1999 at 9.30 P.M. before the Officer -lncharge of Shahkund Police Station in the Government Hospital, Shahkund is that on 24.3.1999 at about 8 P.M., while he alongwith his brother Prakash Yadav (P.W. 6) were going to their master 'splace and reached near a banyan tree, the three appellants, who happen to be brothers, stopped them and appellant Bhutha Singh fired at the informant, which caused injury on his back. He tried to flee away from there, whereupon appellant Munna Singh fired which also caused injury on his back. Sustaining the injuries informant fell down, when appellant Sallo Singh is alleged to have stated that the victim had died. At this, the informant 'sbrother Prakash Yadav fled away from the place of occurrence shouting and after sometime villagers collected and took the injured to the Hospital.

(3.) LATER on Siyaram Yadav, the informant died and after his death his brother Prakash Yadav, gave another statement before the Sub -Inspector of Barari Police Station, at the Jawahar Lal Nehru Medical College and Hospital, Bhagalpur. In this he had disclosed the manner of incident similar to what was stated by his brother earlier, and intimating about his death in the Hospital. After the death of the informant, Sec.302 of the Indian Penal Code was added.