RAJENDRA SINGH (YADAVA) Vs. STATE OF BIHAR

JUDGEMENT

(1.) NO body is appearing on behalf of the appellant on repeated calls. Mr. Gauri Shanker Thakur has appeared and submitted that he is ready to assist the court on behalf of the appellant as Amicus Curiae. Learned APP has not opposed his submission. Accordingly, Mr. Gauri Shanker thakur is appointed as Amicus Curiae to assist the Court.

(2.) The appellant has preferred this appeal against the judgment of conviction and order of sentence dated 21st June, 1993 passed by the Ist Additional Sessions Judge, Bhojpur, Arrah in Sessions Trial No. 8 of 1985 whereby the appellant was found guilty and convicted under Sec. 307 IPC and was sentenced to undergo R.I. for 10 years and further found guilty under Sec. 27 of the Arms act and was sentenced to undergo R.I. for 2 years. Besides this the appellant was further sentenced to pay fine of Rs. 300/ - for the offence under Section 307 IPC and in default of payment to undergo further R.I. for three months.

(3.) THE prosecution case relates to the occurrence of 29.3.1994 at 2.30 hours at village Behea, P.S. Behea, District Bhojpur. At that time the informant Sheo Parsan Singh (PW 3), his brother Shrawan Yadava (PW 4) aged about 8 years were sleeping in their pump house. At that time the dog started barking and climbed on the body of the PW 3. The informant woke up and flashed his torch and noticed three persons. They were the appellant with gun and another accused Rambihari Yadava was with Fasuli and the other person was not identified. The appellant fired upon the informant which caused bullet injury on his lip, teeth and right shoulder. The informant tried to escape and in the way he met with patrolling party and he was carried to the police station where he submitted his written report. The motive of occurrence as stated was that 25 days prior to the date of the occurrence a theft was committed in the house of Ram Pravesh Yadava in which the informant was being suspected as thief and the present occurrence is in revenge of the suspected case of theft.