RANBIR YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The present appeal is filed by the sole appellant to challenge the judgment of conviction and order of sentence dated 24.12.2016/03.01.2017 respectively, recorded by the Additional Sessions Judge-I Munger in Sessions Trial No. 184 of 1989. The learned trial court, on appraisal of evidence, held him guilty under section 302 IPC and sentenced to undergo R.I. for life and also to pay a fine with default clause.

(2.) Briefly stated, the prosecution case presented at the trial is that the deceased Sunil Yadav (cousin brother of the appellant) was on the rooftop of the double-storied house of his uncle(P.W.2) when the she goat of the appellant fell down from the roof for which the appellant started blaming him and also started pelting stones on him. In the midst of quarrel, the appellant went inside his house and came out with his rifle and fired upon the victim standing on the rooftop which hit him in his abdomen. He fell down on the roof itself. His father Madan Yadav (P.W.1), uncle Ram Sharan Yadav (P.W.2) and cousin Pandav Yadav (P.W.6) came there and saw the occurrence. They also helped the injured in shifting to the Sadar Hospital, Khagaria for treatment where his Fardbayan (Ext.1) was recorded on 06.12.1988 at 1.30 P.M. The doctor attending on him at Khagaria Sadar Hospital referred him to Patna for better treatment. He was taken to Patna but on way finding his condition precarious he was admitted in Nazarath Hospital at Mokama where he was treated for few days and ultimately the victim died on 17.12.1988 at the said hospital. The police acting on the Fardbayan made by the deceased and recorded by ASI Sri. R.N. Singh of Khagaria police station started investigation. The Fardbayan was forwarded to the Mansi outpost as the occurrence had taken place within the jurisdiction of the said police outpost. P.W. 8 was then officiating as the officer-in-charge of the Mansi police outpost. He dispatched the Fardbayan to the Chautham police station for drawing up the FIR and started investigation. The FIR(Ext.6) was formally drawn up on the same day at Chautham police station at 8.45 P.M. P.W. 8 proceeded to the place of occurrence and reached the scene of occurrence at about 3.00 P.M. He inspected the place of occurrence which is the rooftop of the double-storied house of P.W.2 having a railing on the northern side and collected the bloodstains scratched from the northern railing of the rooftop. He also seized pieces of stones, bloodstained clothes from the place of occurrence vide Ext.3, 3/1 and 4. He was shown the place from where the appellant had fired which, in his estimation, was 150 yards away from the place where the victim was hit. He collected the clothes with blood marks to which P.W. 3 Anil Yadav, brother of the deceased and P.W. 6 Pandav Yadav became witnesses. In course of treatment, as narrated above, the victim (informant) died at the Nazarath Hospital. A death inquest report (Ext.5) was prepared at the mortuary of Nazarath hospital on 17.12. 1988 at 10 O' clock. The autopsy on the dead body was conducted at Mokama. On receiving the injury/medical report of the victim prepared at Nazarath Hospital, Mokama (Ext.7), the inquest report (Ext.5) and the post mortem report (Ext. 8), the I.O., finding the allegations true, submitted the charge-sheet. Cognizance of the offence was taken and the case was committed to the court of sessions. One of the accuseds Kailu Yadav died and the proceeding against him was abated. Charges against the appellant under section 302 was framed and read over/explained to him to which he pleaded not guilty and claimed the trial. He claimed his false implication due to family dispute and political rivalry. A plea of alibi was also taken.

(3.) In order to substantiate the charges, the prosecution examined 08 witnesses whereafter the statement of the appellant was recorded under section 313 Cr. P.C. in which he denied the charges and pleaded his false implication due to political rivalry. To prove his case of alibi, the defence examined 03 D.Ws.