RAM JANAM YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated the 11th day of August, 2003 passed by Sri Prakash Chandra Gupta, the learned 7th Additional Sessions Judge Gaya, in Sessions Trial No. 160 of 1999/33 of 1997 arising out of Tekari RS. Case No. 90 of 1995. By the impugned judgment and order the accused - appellant has been sentenced to undergo R.I. for 10 years for the offence under Sec.307 I.P.C. and to undergo R.I. for 2 years for the offence under Sec.27 of the Arms Act with the direction for both sentences to run concurrently.

(2.) THE incident giving rise to the appeal took place at about 7.00 P.M. on 5th May, 1995 at the house of one Ram Janam Yadav at village Kehura within Tekari P.S. in the district of Gaya for which the fardbeyan was given later on at 22.20 hours by injured Uday Kumar of the same village at the Primary Health Centre, Tekari. According to the informant at the relevant time while he was returning home with his bullock, it got unleashed suddenly and going to the naad situated in the house of co -villager Ram Jsnam Yadav started drinking water whereupon the accused started abusing the informant and when the informant objected an altercation developed. It is said that in the meanwhile Sheo Ratan Yadav and Rohan Yadav along with Bimlesh Yadav arrived and they in support of accused Ram Janam Yadav also started abusing the informant and on the advise of Sheo Ratan Yadav to kill the informant, accused Ram Janam Yadav fished out a country made pistol from his waist and chased the informant upto the devisthan of the village where he fired at the informant causing him pellet injuries in the abdominal region and the informant fell to the ground . It was on the basis of the said fardbeyan of Uday Kumar that Tekari P.S. Case No. 90 of 1995. was registered. Subsequently, after due investigation, the police submitted a charge sheet under Sections 307, 324/34 I.P.C. as also Sec.27 of the Arms Act against all the four F.I.R. named accused and in due course the case was committed to the court of Sessions for trial.

(3.) AT the trial before the Sessions Court, charges under Sections 307/34, 324/34 I.P.C. and 27(1 ) /34 of the Arms Act were framed against the three remaining accused, Ram Janam Yadav, Rohan Yadav and Sheo Ratan Yadav to which they pleaded not guilty and claimed to be tried.