RAMANUJ RAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Ramanuj Rao, now the sole appellant in this appeal before us, is aggrieved by the judgment and order dated 3 -2 -1986 passed by 1st Additional Sessions Judge, Bettiah, in Sessions Trial No. 58 of 1976/48 of 1985 convicting and sentencing the appellant to undergo life imprisonment under Sections 302/34 of the Indian Penal Code (in short, 'IPC').

(2.) The case of the prosecution as disclosed in the fardbeyan, in short, is that on 28 -7 -1975 at about 7 a.m. Shrawan Yadav, brother of informant Shankar Yadav (P. W. 7), told the informant that he would go to Gudgudi Puriharwa for purchasing washing soap. The informant, told that as he himself was going to Majhauwa, he will bring the soap for him from there and asked his brother Shrawan Yadav to bring grass in the meantime. Thereafter, the informant left for Majhauwa and his brother Shrawan Yadav went in 'Sareh' for cutting grass. At about 10 a.m. the informant returned from Majhauwa when he heard hulla from the eastern side of his village and he then along with Janak Yadav (P. W. 3) went to the place from there he heard hulla and found that: persons from the sides of Krishna Shahi and Jagannath Rao, uncle of appellant had assembled on a land having Bajra crop over which both the parties had dispute. He also heard the sound of firing and when he went near the disputed land he found the appellant armed with a rifle and co -accused Chandradeo Rao (since dead) armed with a 'Labda' (small stick). Co -accused Chandradeo Rao asked the appellant that some one was in sugarcane field who appeared to be a spy and asked the appellant to kill him on which the appellant fired from his rifle as a result of which three persons in the sugarcane field fell down and other three persons fled away. When the informant along with Janak Yadav went in the sugarcane field he found his brother Shrawan Yadav lying in the field with ail injury on his head and brain materials had come out of the brain. The informant with the held of villagers brought his injured brother Shrawan Yadav to Lauriya Hospital where Shrawari Yadav succumbed to injuries. The fardbeyan of informant Ext. 4) was recorded by ASI, B. Hoda (not examined) on the same day at about 5.30 p.m. On the basis of fardbeyan, FIR (Ext. 5) was drawn against the appellant as well as against co -accused Chandradeo Rao under Section 302/34, I.P.C. and Section 27 of the Arms Act. After investigation, the police submitted charge -sheet against the appellant as well as against co -accused Chandradeo Rao under Section 302/34, I.P.C.

(3.) After cognizance, the case was committed to the Court of Session where charge under Section 302/34, I.P.C. was framed against the appellant and co -accused Chandradeo Rao. The appellant denied the charge framed against him.