RAJENDRA YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the Appellant and learned counsel for the Additional Public Prosecutor.

(2.) The Appellant has been convicted under Sec. 302 Indian Penal Code and 27 of the Arms Act and sentenced to rigorous imprisonment for life and a fine of Rs. 25,000/ - in default of which another one year rigorous imprisonment and no separate sentence has been awarded under Sec. 27 Arms Act by the Additional District and Sessions Judge, Siwan, in Sessions Trial No. 24 of 2008 arising out Marauna P.S. Case No. 41 of 2004 passed by a Judgment and order of conviction and sentence dated 28.1.2015/2.2.2015.

(3.) When facts of the case were placed before us, we noticed that it was a unique case in which the Prosecution has brought two Fard -beyans on record. One is that of Jagdish Yadav (PW -13) recorded by Shiv Shankar Pathak of Nirmali Police Station on 4.7.2004 at 10:30 P.M. at the Primary Health Centre, Nirmali Hospital Verandah and subsequently, of Ladu Lal Sah, son of Ram Kisun Sah recorded by R.P. Mallick of Marauna Police Station on 5.7.2010 at 7:00 A.M at Nirmali Police Station Campus. Surprisingly, the subsequent Fard -beyan was exhibited as the First Information Report in the present case and Ladu Lal Sah has been recognized as the Informant of the present case, even though, both the Fard -beyans are before the Court. From the Fard -beyan of Jagdish Yadav (PW -13), it appears that Ladu Lal Sah (PW -10) the Informant and Ram Kisun Sah (PW -12) were also signatories to the same whereas on the Fard -beyan of Ladu Lal Sah (PW -10), Sita Devi (PW -1) are signatories.