RAMASHRAY YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Appellants Ramashray Yadav of Criminal Appeal (DB) No. 1396 of 2010 and Bindu Yadav of Criminal Appeal (DB) No.92 of 2011 have been convicted under Section 302/149 I.P.C. and sentenced to R.I. for life and fine of Rs. 2,000/- each, in default of which simple imprisonment for one year, R.I. for two years under Section 148 I.P.C. and R.I. for three years under Section 27 of the Arms Act by judgment dated 4/6.12.2010 passed by the Additional District and Sessions Judge, F.T.C. III, Sheikhpura in Sessions Trial No.239 of 2009/ Trial No.43 of 2010.

(2.) The case of the prosecution according to P.W.5 Umesh Singh is that on 17.12.2003 at 8 A.M. he was travelling with P.W.8 Ram Balak Singh, P.W.1 Dashrath Singh and his son Pankaj Kumar and one Narain Prasad Singh. When the bus reached a certain point, some 19-20 miscreants variously armed climbed on the bus and pulled away his son and Narain Prasad Singh on the plea that they belonged to village Mehush. He followed them to a distance of one kilometer and saw the two Appellants firing at the two deceased in presence of the rest of the accused persons. He named thirteen accused persons in all in the First Information Report. The statement was given immediately thereafter at 1 O'clock at Mehush Police Station.

(3.) During trial the prosecution examined eight witnesses. P.W.1 Dashrath Singh, who is named in the First Information Report as one of the persons, who was travelling on the bus, has stated that while he was in his fields he heard that Narain and Pankaj had been pulled from the bus and shot dead and then he went and saw the two deceased, where a number of persons had gathered. They were all disclosing the names of Kapil Yadav and Bishundhari Yadav, who are not the Appellants. So he has not supported the version of the Informant.