MAHENDRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated 29.4.1993 passed by learned VIIth Additional Session Judge, Munger in Sessions case No. 520/1990 by which he convicted the three appellants Under Section 307 read with 34 of the Penal Code and sentenced each of them to undergo R.I for 10 years. He further sentenced appellants No. 2 and 3 to suffer R.I for 5 years Under Section 27 of the Arms Act. All the sentences, however, were directed to run concurrently.

(2.) SHORTLY stated the prosecution case is that on 6.4.1990 at about 8 PM the informant, Balmiki Yadav (PW3) gave fard bayan before the police that on the same day there was quarrel between the children at 6 PM and Bhulla Devi (PW4), the mother of informant, went to protest appellant No. 1, Mahendra Yadav but appellant No. 1 became annoyed and asked to assault her thereupon the other two appellants named Ram Bilash Yadav and Suresh Yadav came armed with pistol and when the informant and his mother began to run these two appellants fired and firing of appellant No. 2 Suresh Yadav hit on the left index finger and the firing of appellant No. 3 Ram Bilash Yadav hit on the left shoulder of Bhulla Devi. On the basis of fard bayan of the informant the police registered Kotwali PS case No. 101 of 1990 dated 6.4.1990 Under Sections 324, 307/34 of the Penal Code and 27 of the Arms Act. After concluding investigation the police submitted charge sheet. After cognizance the case was committed to the court of Session. After trial all the three appellants were convicted and against the said conviction and sentence they have preferred the present appeal before this Court.

(3.) IN order to bring home the charge the prosecution has examined six witnesses and out of them PW5, Dr. Rana Pratap Singh is the Medical Officer who had examined the injuries on PW4 Bhulla Devi. PW6 Rabindra Nath Rai is the investigation officer of the case. PW3 Balmiki Yadav is informant. PW4 is the injured and the rest of two witnesses have come to support the case of the prosecution.