SUDHIR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is against the judgment dated 13th January, 2003 of the 3rd Additional Sessions Judge, Saharsa passed under Sessions Trial No. 98 of 1998 whereby the appellants have been convicted under Section 302/34 of the Indian Penal Code and sentenced to R.I. for life. The prosecution commenced with the fardbeyan of informant Fekan Yadav (PW 7) as recorded by S.I. Ashok Kumar on 24th May, 1997 at 11.30 a.m. at Bagdihra Badhar. The informant alleged that carrying food grains he had gone out of his dera situated in that Bahiar and when he returned on 24th May, 1997 at 11.30 a.m. he learnt from his son Dhingra Yadav @ Raj Kishor Yadav (PW 8) that in the preceding night at about 11:30 p.m. while he (PW 8) along with his cousin brother was sitting near his grand -father Biso Yadav (deceased), the two appellants boarded on horses came there and they shot the deceased dead.

(2.) The informant stated that his son Dhingra (PW 8) had stated before him that he woke up on hearing the sound of firing and then he had seen the occurrence of assault on the deceased at the hands of the appellants. About the cause of occurrence, the informant stated that about one year ago, he (informant) had quarrel and scuffle with the appellants and that due to that grudge, the appellants committed the occurrence. After recording of the fardbeyan, FIR was registered at the concerned Police Station and investigation commenced. On completion of investigation, charge -sheet was submitted and the appellants were put on trial. On completion of trial, the appellants have been convicted and sentenced, as above.

(3.) AS many as nine witnesses were examined by the prosecution and the defence also examined three defence witnesses. Out of the prosecution witnesses, PW 2 Ganesh Sada, PW 3 Ganauri Sada and PW 4 Ganpati Yadav are the witnesses who did not support the case of the prosecution and they were declared hostile by the prosecution. PW 1 Bindeshwari Yadav and PW 6 Ram Balak Sada are the neighbours to the P.O. and they deposed on the point that in the early morning ensuing the night of the occurrence, Dhingra Yadav (PW 8) had come to them for informing about the killing of the deceased but he had not disclosed before them the name of the assailants. PW 5 Dr. Captain M.A. Siddiqui is the doctor who held P.M. Examination on the dead body of the deceased. PW 7 Fekan Yadav is the informant himself, PW 8 Dhingra Yadav @ Raj Kishor Yadav is the informant 'sson who is the sole eye -witness to the occurrence and PW 9 Ashok Kumar is the I.O. of the case.