MOHAN YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard parties.

(2.) This Criminal Appeal is directed against the judgment of conviction and sentence dated 06.05.1994, passed by 3rd Additional Sessions Judge, Siwan in Sessions Trial No. 135 of 1992 convicting the appellant under Section 302 of the IPC and sentenced to undergo rigorous imprisonment of life and also convicted appellant under section 27 of Arms Act and sentenced to simple imprisonment of one year, both sentences to run concurrently.

(3.) Prosecution case is based upon fardbeyan of Gorakh Manjhi who stated that on 10.11.1991 at about 8:40 P.M. his nephew Brij Kumar Mali was studying in the light of lamp, while sitting on a Cot inside the Palani and alongwith him PW-8 Ashok Bhagat and PW-3 Devendra Bhagat were also present with him. On hearing sound of fire informant went towards Palani and was informed by PW-8 Ashok Bhagat and PW-3 Devendra Bhagat, that Mohan Yadav(appellant) had shot the deceased and Laljee Yadav (since deceased) pointed a Pistol at them and threatened not to shout. Informant had identified the appellant while fleeing away in the Torch light.