SHASHI YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three appeals are cognate as they arise out of S.T. No. 107 of 2010. By the judgment of conviction dated 12.12.2012, passed by the learned Additional Sessions Judge, Ah hoc-II, Madhepura, the appellant Shashi Yadav, son of Taula Yadav of Cr. Appeal (DB) 146 of 2013 was held guilty under section 302 Penal Code as well as section 27 of the Arms Act whereas the appellants of Cr. Appeal (DB) No. 25 of 2013 and Cr. Appeal (DB) No. 35 of 2013 were held guilty under section 302/34 Penal Code as well as section 27 of the Arms Act. By an order of sentence dated 18.12.2012, the appellant of Cr. Appeal (DB) No. 146 of 2013 was sentenced to undergo R.I. for life under section 302 Penal Code and R.I., for 05 years with fine having default clause under section 27 of the Arms Act. The rest of the appellants in Cr. Appeal (DB) No. 25 of 2013 and Cr. Appeal (DB) No. 35 of 2013 were sentenced to undergo R.I. for life under section 302 and 34 Penal Code and R.I. for 05 years with fine having default clause under section 27 of the Arms Act.

(2.) P.W.7 Veena Devi, widow of Late Naresh Prasad Yadav, presented a written report signed by her before the SHO, Bihariganj police station, alleging that on the night of 04.11.2009 at about 9.00 P.M. she along with her family members and other guest which includes the prosecution witnesses were talking with each other at her house. The guest had arrived as a fair was organized at her village on the occasion of Kartik Purnima. In the meantime, Pramod Kumar (deceased) went outside at the door to urinate. After urinating, as soon as he tried to return back, 10-15 culprits armed with lethal weapons, surrounded the deceased which caused some noise (Shorghul) which attracted her attention. She went to the Darwaza and peeped through the door and saw that the appellant Shashi Yadav ( appellant of Cr. Appeal No. 146 of 2013) fired shot at the deceased. At that time, P.W.3 Lalan Yadav (brother of the deceased) and P.W. 1 Pampal Kumar (cousin of the deceased) were also with her and they saw the co-accuseds Mantu Yadav, Virendra Yadav, Kishan Yadav, Ranjeet Yadav (one of the appellants of Cr. Appeal No.35 of 2013), Janardhan Yadav, Shashi Yadav (another appellant of Cr. Appeal No. 35 of 2013) and Arun Yadav fleeing from the door of the informant. The informant further alleges that she herself saw the accused Taula Yadav Dayanand Yadav, Uday Shankar Yadav Santosh Yadav amongst the culprits. Seeing that the job has been done, they all fled away therefrom. The written report was submitted by her on 05.11.2009 which gave rise to a formal FIR.

(3.) The Investigating Officer (P.W. 9) took up investigation and prepared the inquest report (Ext. 3) of the dead body and dispatched the same for autopsy. After concluding investigation, he submitted chargesheet against the appellants, whereon, cognizance of the offence was taken and the case was committed to the Court of Sessions Judge. On transfer, the case came on the file of Additional Sessions Judge, Adhoc Court-II for trial where charges were framed under the relevant sections on 19.01.2011, which was read and explained to the appellants / accuseds to which they pleaded not guilty. Hence the trial.