PARASMANI YADAV @ PARASH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, Parasmani Yadav @ Parash Yadav and Ajay Yadav have been found guilty for an offence punishable under Section 324 of the I.P.C. and each one has been directed to undergo simple imprisonment for one year, under section 27 of the Arms Act, each one has been directed to undergo simple imprisonment for three years as well as to pay fine appertaining to Rs. 500/- and in default thereof, to undergo simple imprisonment for three months additionally with a further direction to run the sentences concurrently vide judgment of conviction and order of sentence dated 04.12.2014 passed by the Additional Sessions Judge-Vth, Banka in Sessions Trial No. 77 of 2003.

(2.) Informant, Maulendra Kumar Yadav (not examined) gave his fard-bayan before A.S.I. Belhar Police Station while admitted at the clinic of Dr. Vijay Kumar Gupta, Sangrampur in an injured condition on 02.05.2002 at 4.30 p.m. disclosing therein that on the same day at about 10.30 a.m. while he was returning after taking both over handpipe of Arun Yadav, he saw Narsingh Yadav, Paras Yadav, Pravesh Yadav, Mahesh Yadav, Hajari Yadav, Pankaj Yadav, Vimal Yadav, Kamal Yadav, Pramod Yadav, Subash Yadav, Kailash Yadav, Sikander Yadav, Manoj Yadav, Rabindra Yadav @ Rabbo Yadav, Ajay Yadav and Pappu Yadav armed with gun coming from his house side. Just after coming nearer to him, first of all, Rampravesh Yadav shot fire causing injury over his hand as a result of which, he fell down. On hearing sound of firing, inmates of the house rushed to rescue him whereupon all of them began to fire indiscriminately as a result of which, Bhugol Yadav, Mala Devi, Randhir Yadav, Nimki Devi, Bulet Yadav and Bhawesh Yadav have sustained gun shot injury. Villagers, hearing sound of firing, rushed whereupon accused persons escaped there from. All the injured were lifted to hospital. Seeing the condition of Bhawesh Yadav, he was referred to specialized treatment. The accused persons have also threatened that they will commit murder. The motive for the occurrence has been shown as Ox of Bhawesh Yadav grazed straw of Pappu Yadav and for that, Pappu Yadav abused followed with an altercation.

(3.) After registration of Belhar P.S. Case No. 48 of 2002, investigation was taken up and after concluding the same, charge sheet was submitted whereupon trial commenced and concluded in a manner, the subject matter of instant appeal.