RAJENDRA YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned Additional Public Prosecutor for the State.

(2.) The sole appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for life for the offence punishable under Section 302 of the Indian Penal Code and two years rigorous imprisonment for the offence punishable under section 27 of the Arms Act by the impugned Judgment of conviction and sentence order dated 02.12.1997 and 03.12.1997, respectively, passed by the learned Additional Sessions Judge-XI, Patna, in Sessions Trial No. 498 of 1993. The sole appellant being aggrieved by the aforesaid impugned Judgment of conviction and sentence order has preferred this criminal appeal.

(3.) P.W.3, namely, Shiv Poojan Yadav, gave his Fradbeyan to Officer-in-Charge of Paliganj Police Station, at about 5.30 A.M., on 14.07.1992, in presence of Kamlesh Yadav (P.W.1), Brida Yadav (P.W.2) and one Baijnath Yadav to this effect that, on 13.07.1992, at about 9 P.M., he along with his son were sitting on the door and in the meantime, he heard some noise coming from his house and having heard the aforesaid voice, he along with his son went on road, where he saw that appellant and others were abusing to each other. In the meantime, his son, Mahesh Kumar, went near the aforesaid persons but the F.I.R. named accused, Naresh Yadav caught hold his son, Mahesh Kumar, and this appellant took out country made pistol and shot fire upon Mahesh Kumar, as a result whereof, he having sustained firearm injury fell down there and died immediately. On alarm, Kamlesh Yadav (P.W.1), Brida Yadav (P.W.2), Subhas Yadav and Ram Pravesh Yadav (P.W.4) etc. came there and saw the occurrence. The appellant and his associates fled away towards north side. The deceased had no enmity with the appellant and his associates. Shiv Poojan Yadav (P.W.3) further claimed that since there was late night he could not go to the Police Station and next day in the morning, he along with his Mohalla Choukidar, namely, Biajnath Yadav and others went to the Police Station and gave his Fradebyan.