PRAMOD YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the Appellants and learned counsel appearing on behalf of the Public Prosecutor.

(2.) The Appellant has been convicted under Section 302 Indian Penal Code and Section 27 Arms Act and sentenced to undergo imprisonment for life under Section 302 Indian Penal Code and a fine of Rs. 5,000/- in default of which R.I. for six months as also three years rigorous imprisonment under Section 27 of the Arms Act, passed by the 3rd Additional Sessions Judge, Bhagalpur, by a Judgment of conviction dated 17th day of April, 2010 and order of sentence dated 20th April, 2010 in Sessions Trial No. 829 of 2006/T.R. No. 56 of 2009 arising out of Akbarnagar P.S. Case No. 189 of 2004, G.R. No. 2659 of 2004.

(3.) The case of the Prosecution according to the Informant PW 1 (Md. Hassan Raza) is that on 4.10.2004 he had gone in the morning along with his brother deceased Md. Noor Alam @ Dabbu to buy fish. When he was returning, he met Md. Siraj who said that they should go with him since there were some criminals sitting on the way, so, he and his brother proceeded whereas Md. Siraj and Md. Iliyas followed them. When he walked to a certain distance, suddenly, the Appellant and two other named accused persons and five unknown persons surrounded them and then the Appellant Pramod Yadav shot at his brother at close range on his head. The second shot was fired by accused Manta Yadav on the stomach. Son of Dasrath Paswan also fired at him but it did not hit him. He ran home and told the villagers and when he returned, he saw his brother dead. This information was given to the Officer-in-Charge, Akbar Nagar Police Station at 10:15 A.M. on the same day at the place of occurrence.