KAMLESH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under Sections 302, 447 and 323 of the Indian Penal Code (herein after referred to as 'the IPC'), and under Sec. 27 of the Arms Act by judgment of conviction, dated 13.7.2011, passed by the learned Additional Sessions Judge-II, Danapur, district Patna in Sessions Trial No. 507/2009/616/2009, arising out of Bihta Police station Case No. 276 of 2008, dated 19.11.2008. For the offence under Sec. 302 I.P.C., the appellant has been sentenced to RI for life along with a fine of Rs. 10,000.00 and in default of payment of fine to undergo further SI for one year. For the offence under Sec. 27 of the Arms Act, the appellant has been sentenced to RI for 3 years. For the offence under Sections 323 and 447 I.P.C., the appellant has been sentenced to 1 year SI and 3 months SI respectively. All the sentences have been directed to run concurrently.

(2.) The prosecution case, as set out in the fard beyan of informant Sanjay Yadav s/o Sri Ram Peyare Yadav, village Bindaul Police Station Bhita, District Patna, recorded by S.I. D. Kumar, Station House Officer, Bihta on 19.11.2008 at Referal Hospital, Bihta at 8.30 PM, in short is as follows :- The informant (deceased) stated that on 19.11.2008 at about 7 PM, he was sitting in his house situated in village Bindaul. In the meantime, the appellant Kameshwar Yadav, aged 30 years, came to his house and started abusing him. He asserted that his field should too be ploughed on credit, as being done in case of others. Meanwhile, informant's father Sri Ram Peyare Yadav came out of the house and asked the informant as to why Kamlesh Yadav is hurling abuses. At the same time, Ram Peyare Yadav moved towards Kamlesh Yadav who began to assault him (Ram Peyare Yadav) with lathi. When informant tried to catch Kamlesh Yadav, the latter took out pistol from his waist and fired at him, hitting his lower abdomen. Consequently, he slumped on the ground. On hearing sound of firing, his family members including his brother and others arrived there and on seeing them Kamlesh Yadav fled away. The informant stated that some days back he bought a tractor and used to do agriculture work of others as well on rent. The appellant wanted to use his tractor free of cost to which he did not accede. Because of refusal to plough his field, Kamlesh Yadav came in drunken state to his house and abused and assaulted his father with lathi, and on protest, fired at him (informant) causing injury on his lower abdomen.

(3.) On basis of fard beyan, Bihta P.S. Case no.376 of 2008 dated 19.11.2008 under Sections 447, 323, 326 and 307 I.P.C. and under Sec. 27 of the Arms Act was registered. After death of informant, Sec. 302 I.P.C. was added to the FIR on 28.11.2008.