SANJAY YADAV; SHAKAL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant Sanjay Yadav is the son of the appellant Shakal Yadav. Both of them have been held guilty under the judgment dated 17.12.2012, passed by the Ad hoc Additional Sessions Judge-I, Khagaria in S.Tr. No. 22 of 2011 under sections 302,307/34 and 394 IPC including section 27 of the Arms Act and by an order of sentence dated 19.12.2012 they have been directed to undergo R.I. for life with fine having default clause, R.I. for 10 years with fine having default clause, R.I. for 10 years with fine having default clause and R.I. for 07 years with fine having default clause respectively. They have filed the present appeal assailing the said judgment of conviction and sentence.

(2.) P.W.7 lodged the Fardbayan (Ext.1/3) on 30.04.2010 at 9.00 P.M. when he was admitted in the clinic of a private doctor at Begusarai before the Station House Officer (SHO), Morkahi (P.W.9) the first I.O. alleging that on 30.04.2010 at about 8 o'clock in the morning he, along with his father (deceased), went to Khagaria on a motorcycle driven by his father. After disposing of some work at Khagaria, they went to the State Bank where his father withdrew from the bank Rs. 2, 74,400/-. At about 1.20 P.M., they left Khagaria. He was sitting/riding as a pillion. As soon as they reached near Lachka Pool at about 2.00 P.M., he could see one motorcycle coming from behind on which the two appellants and one unknown person were riding. It came parallel to his motorcycle whereafter both the appellants started firing at his father with their respective fire-arms/weapons as a result whereof his father received four fire-arms injuries. The informant himself received two fire-arms injuries. Both of them fell. His father died at the spot. The appellant relieved the deceased of the cash amount withdrawn from the bank and again riding the same motorcycle drove back to Khagaria. In the meantime, one motorcycle was seen coming from Alouli side. It was P.W.1 who finding the informant lying in the injured condition, on request, gave lift to him and the informant sat on his motorcycle and drove to Khagaria hospital where he was first treated of his injury and therafter referred to the higher medical centre. Accordingly, the informant was taken to Begusarai and admitted in the private clinick of Dr. Ashok Sharma where the police arrived and recorded his Fadbayan at about 9.00 P.M. in the night on 30.04.2010. The recording of the Fardbayan gave rise to drawing up of a formal FIR (Ext.4) which ignited the investigation. The police went to the place of occurrence and carried the death inquest proceeding over the deceased and dispatched the deadbody for the post mortem examination. Upon receiving the post mortem report (Ext. 3) as well as the injury report of the informant (Ext.3/1) from the doctor who first gave the medical assistance to the informant at Khagaria Sadar Hospital, the I.O. recorded the statement of the witnesses. Be it noted that in the meanwhile P.W. 10 took over the investigation with effect from 24.07.2010 and finding the accusation(s) true against the appellants, submitted the charge-sheet whereupon the cognizance of the offence was taken on 24.08.2010 and the case was committed to the court of sessions for trial. On transfer, the case came on the file of the learned trial Judge where charges were framed under the relevant penal provisions on 29.03.2011 which were read over/explained to the appellants to which they pleaded not guilty and claimed to be tried.

(3.) In order to prove the prosecution case beyond shadow of doubt, the prosecution examined 10 witnesses, namely, P.W. 1 Nitish Kumar Nirala, who immediately reached at the place of occurrence, P.W. 2 Fantus Yadav, P.W. 3 Bateshwar Yadav, P.W. 4 Tara Devi, P.W. 5 Mukesh Kumar and P.W. 6 Mantun Yadav are family members / close relatives of the deceased related as his son, brother-in-law, widow, son-in-law and nephew respectively. P.W. 7 Pandav Kumar is the informant and son of the deceased. P.W. 8 Dr. Raja Ram Choudhary is the Medical Officer, who conducted autopsy on the cadaver. P.W. 9 Mukesh Kumar and P.W. 10 Ranjan Kumar are the Police Officers, who conducted investigation. The prosecution has also proved the Fardbeyan, inquest report, injury report of the informant and F.I.R. as Ext. 1/3, 2, 3, 3/1 and 4 respectively. They have proved the signatures and writings on seizure list of empty cartridge.