SOBH NATH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under sections 302 and 307 of the Indian Penal Code. He has been sentenced to undergo rigors imprisonment for life and to pay a fine of Rs. 500 and in default of payment of fine to undergo rigorous imprisonment for one year for an offence under section 302 of the Indian Penal Code. He has further been sentenced to undergo rigorous imprisonment for 10 years under section 307 of the Indian Penal Code and to pay a fine of Rs. 200 and in default of payment to undergo rigorous imprisonment for six months. The sentences have been ordered to run concurrently.

(2.) The prosecution case, in short, is that on 19-6-81 Most Sugia Devi (P.W. 6) was tying her cattle, when this appellant came and protested that the entire land belongs to him. P.W. 6 Most Sugia Devi said that half of the plot belongs to her and half to him (appellant) and she was tying her cattle in her own share. There after this appellant took out a pistol and fired at Sugia Devi. Sugia Devi was injured and she fell down. In the meantime, the deceased Lahri Yadav, son of Sugia Devi came and protested as to why he was doing such JulumT. This appellant fired his pistol at Lahari Yadav, which hit at his chest with the result lahari Yadav fell down and died then and there. In the meantime, Gyan Chandra Yadav (P.W.5), Nepali Yadav (P.W. 3) and Sri Yadav came and wanted to catch this appellant but this appellant is alleged to have fired at them due to which these three persons also received injuries. It is further said that during this occurrence father of this appellant Hukku Yadav was also there and at his instigation the appellant committed aforesaid offences. After the occurrence the appellant and his father are alleged to have filed away to their house. When they went to their Danvaja appellant Shobh Nath in self-defence assaulted his father with lathi, saying if his father was dead the members of the prosecution party would be hanged.

(3.) P.W. 14, on some information, came to the place of occurrence on 19-6-198 L and recorded the statement of P.W 8 on the basis of which a formal First Information Report was instituted and a case was registered. He took up investigation and handed over charge of the case to P. W. 9 who submitted charge-sheet against this appellant and his father.