HARISH CHANDRA YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) - Appellant has been convicted under Sec. 396 of the Indian Penal Code and sentenced to rigorous imprisonment for life with fine of <FONT FACE="rupi foradian">L 30,000.00, in default of which, further rigorous imprisonment for three years vide Judgment of conviction dated 02.06.2010 and Order of sentence dated 07.06.2010 passed by the Additional Sessions Judge, Fast Track Court-III, Siwan, in Sessions Trial No. 364 of 2007.

(2.) The case of the prosecution, according to the Informant Ranjeet Singh (P.W.4), is that on the night of 23.05.2001, he along with others had returned from a meeting in the village and at about 11.30 when he was about to sleep, he heard some noise and then noticed that some persons were trying to take away his bullock carts. When he protested and cried out, he was fired at and when his uncle tried to get up from his cot, he was shot at from a close range by the Appellant, on account of which he died. On his cries, a number of villagers gathered and then the miscreants which he names but none of the witnesses except P.W.1 Ambika Singh, who happens to be his father, has been examined. Amongst the miscreants he identified one Vishwanath Yadav and his three sons, namely, Ramdeo Yadav, Ramchandra Yadav and Harish Chandra Yadav (Appellant). He stated that on 20.05.2011, Appellant had an altercation with his father Ambika Singh (P.W.1) and, therefore, this act has been committed by the Appellant and other accused and, therefore, this occurrence has taken place.

(3.) During trial, prosecution examined altogether seven witnesses.