BIRENDRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the Judgment of conviction dtd. 17/1/2003 and order of sentence dtd. 21/1/2003, passed by Shri Amlendu Kumar Sinha, Additional Sessions Judge- Cum - Presiding Officer, FTC -IV, Ara, in Sessions Trial No. 325/91, by which the appellant Birendra Yadav stood convicted under Ss. 307 of the Indian Penal Code (hereinafter referred to as the "IPC") and under Sec. 27 of the Arms Act and was sentenced to undergo R.I. for seven years under Sec. 307 of the IPC and R.I. for three years under Sec. 27 of the Arms Act and appellants, namely, Nand Jee Yadav and Rameshwar Yadav were convicted under Ss. 307/34, 324 and 337 of the IPC and were sentenced to undergo R.I. for seven years under Sec. 307/34 of the IPC, R.I. for two years under Sec. 324 of the IPC and R.I. for one year under Sec. 337 of the IPC. All the sentences were directed to run concurrently.

(2.) Prosecution case as per the fardbeyan of informant recorded on 3/6/1990 that there was a land dispute between the accused - Nand Jee Yadav Yadav and Hariwansh Yadav and on the day of occurrence, Hariwansh Yadav told him and the Mukhiya Ram Pyare that accused - Nand Jee Yadav has fenced the disputed land, on which informant and the said Mukhiya along with Hariwansh Yadav proceeded to inspect the disputed land. In the way, when they reached near the house of accused - Nand Jee Yadav, where accused- Birendra Yadav was also present with a pistol in his hand and on the order of Nand Jee Yadav, accused - Birendra Yadav fired at the informant causing injury in his abdomen and he instantaneously fell down. Thereafter, accused - Nand Jee Yadav and Rameshwar Yadav started assaulting the informant by brick bats, which caused injury on his head. In the meantime, villagers, namely, Jhapsi, Umapati (P.W. 1) and Ram Byas arrived there, who brought the injured to hospital for his treatment. On the basis of the above fardbeyan, Shahpur P.S. Case No. 72 of 90 was registered against the accused persons.

(3.) Upon charge-sheet being filed, cognizance of the offence was taken and the case was committed to the court of sessions, which ultimately came to the file of Shri Amlendu Kumar Sinha, Additional Sessions Judge- Cum - Presiding Officer, FTC -IV, Ara.