ASHOK BIND Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Both the appellants above named faced trial and were convicted and have been directed to undergo rigorous imprisonment for life for the offence under Section 302 of the Indian Penal Code and rigorous imprisonment for two years for the offence under Section 27 of the Arms Act. The sentences have been ordered to run concurrently.

(2.) The appellants have questioned the correctness of the judgment on two grounds; First that the learned trial Judge did not properly considered the serious inconsistency between the medical evidence and the ocular evidence produced by the prosecution, which belies the trustworthiness of the ocular evidence. Secondly, on the ground that the prosecution has examined only interested and partisan witnesses and on careful scrutiny of their testimony, it would be evident that the prosecution has miserably failed to establish the charges against the appellants.

(3.) Fardbeyan (Ext.2) of P.W. 7 Kusheshwar Yadav was recorded by P.W. 9 Mangal Pandey, the Sub-Inspector of Police on 22.11.1992 at about 05:45 p.m. in village Lakra Patal wherein the informant disclosed that on the same day, at about 03.30 p.m., the informant was collecting paddy in his field adjacent to the south of his village Lakra Patal. He heard sound of firing of four shots from the northern side of the village. Thereafter, the informant rushed to his village and came to know that some unidentified person has committed murder of one Umesh Bind of neighbouring village Amari when Umesh Bind was coming along with his two friends. The friends of Umesh Bind escaped unhurt and fled away towards their village Amari. It is further disclosed that soon thereafter some people were seen coming up from village Amari armed with musket and guns. The appellants were identified who were leading the mob. The appellants along with others went near the dead body of Umesh Bind and thereafter chased to the murderer of Umesh Bind up to the railway lines towards north. Thereafter, they were returning back. On the way, Sudhir Yadav nephew of the informant who was going towards village Aura Bagicha for the purpose of treatment of some one, the three miscreants including the appellants caught him and dragged towards the road near the godown of one Saudi Chaudhary. At the same place, the appellants fired two shots causing instant death of Sudhir Yadav. According to the informant, the occurrence took place as retaliation to the murder of Umesh Bind.