UPADHYAY YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Upadhyay Yadav (A-1) has been convicted under sections 302/149 and 148 IPC as well as section 27/35 of the Arms Act. Appellants Panchu Yadav (A-2) and Shambhu Yadav (A-3) have been held guilty only under sections 148/149 IPC. The learned trial court by a judgment of conviction and order of sentence dated 20. 06. 2012 and 28. 06. 2012 respectively recorded in Sessions Case No. 94 of 1999/Trial No. 38 of 2012 directed A-1 to suffer R. I. for life under sections 302/149, R. I. for 02 years under section 148 IPC and R. I. for 05 years under sections 27/35 of the Arms Act. A-2 and A-3 were, however, held guilty under sections 148 and 149 IPC and both of them were sentenced to suffer R. I. for 02 years.

(2.) In the morning of 31. 1 1995, the informant (P. W. 4) and his father Yogendra Yadav (deceased) had set out from the village to go to Mansi Bazar. As they reached near the house of the Pappu Singh (P. W. 6) at 9:45am, it is alleged, the appellants herein and 11 other accused persons variously armed with fire-arms, Dabia, Lathi etc. appeared from the nearby ditch and at the orders of one of the co-accused(s), the appellant no. 1 fired at the deceased causing injury in his Panjra. The deceased ran for shelter inside the house of Pappu Singh when, it is alleged, co-accused Haribol Yadav chased him up to the room and fired at him inside the room causing his instantaneous death. All the accused persons thereafter opened fire in the air to scare/frighten the people assembled there and made good their escape. Promptly, the Fardbayan of P. W. 4 was recorded by the police officer posted at Mansi on 31. 1 1995 at 11. 00am at the site of the incident. The informant cited P. Ws 1,2 and 3 amongst others as the witnesses who had witnessed the incident. Old land disputes was assigned as the motive for the occurrence. Lodging of the case gave rise to a formal FIR (Ext. 3) which, in turn, ignited the investigation. The police prepared the inquest report (Ext. 1) which was witnessed by P. W. 10 Shankar Yadav. Signature of Shankar Yadav on the inquest report has been proved as Ext. 1. The deadbody was dispatched for autopsy. P. W. 11 was then posted as the Medical Officer Sadar Hospital Khagaria. He performed the autopsy on 31. 1 1995 and provided the post mortem report (Ext. 2).

(3.) On conclusion of investigation and finding the accusations true against the present appellant the charge-sheet was filed whereon cognizance was taken and the case, on being committed, came on the file of the learned trial court for disposal. Charges were accordingly framed and explained/read over to the appellants to which they pleaded not guilty.