BALLAM YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant, Ballam Yadav, has preferred this appeal being dissatisfied with the Judgment of conviction and order of sentence dated 16.9.2003 passed by Sri Ajeya Kumar Sinha, learned 8th Additional Sessions Judge, Munger in Sessions Trial No. 668 of 1988 arising out of Sheikhpura P.S. Case No. 150 of 1987. By the aforesaid Judgment and order the appellant has been convicted only for an offence under Sec. 307 of the Indian Penal Code and has been sentenced to undergo R.I. for 7 years.

(2.) THE prosecution case hinges on the fardbeyan given by an injured, Ragho Yadav, at 7.00 hours on 11.10.87 at the clinic of Dr. Ramshray Prasad Singh, Chandani Chowk, Sheikhpura in respect of an occurrence which took place in the preceding night at about 10.00 P.M. According to the informant while he was sleeping in his house at the relevant time all of a sudden his co -villagers, Brahmdeo Yadav armed with lathi and Ballam Yadav armed with a bomb entered into his house alongwith eight others and the informant claims to have identified them in the light of the lantern burning in the verandah. It is said that the intruders assaulted the informant with fists and kicks and Brahmdeo Yadav assaulted his wife, Bhuwaneshwari Devi, with lathi causing her injury and on protest accused Ballam Yadav threw a bomb at the informant as a result whereof he has sustained injuries. It is said that accused persons thereafter departed and took away with them boxes containing clothes, ornaments etc. It is also alleged that they snatched some ornaments from the person of his wife. Attracted by the sound of bomb blast and the halla raised by the injured. Villagers Ganesh Yadav and Khublal Yadav alongwith others arrived and seeing the injured condition of the informant his son, Bino Yadav, Saran Yadav and nephew Tuntun Yadav took him to the clinic of Dr. Ramashray Prasad Singh for treatment.

(3.) IN course of the trial the prosecution examined altogether 8 witnesses of whom P.W. 6 and P.W. 7. are formal witnesses and they have appeared in court to prove the fardbeyan and the formal F.I. R. which have been marked as Exts. 1 and 2 respectively, P.W. 8 is the informant and his wife figures as P.W. 5 and she too had sustained injuries. The rest of the witnesses are material witnesses.