BASO YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals, arising out of judgment of conviction ad sentence dated 27.9.1986, passed by 2nd Additional Sessions Judge, Nawadah in Sessions Trial No. 142 of 1985, are being disposed of by this common judgment by which appellant Kailash Yadav of Criminal Appeal No. 536 of 1986 was convicted under Section 302 of the Indian Penal Code and Section 27 of the Arms Act and was sentenced to undrgo life imprisonment and rigorous imprisonment for five years respectively and the remaining three appellants of criminal Appeal No. 524 of 1986 were convicted under Sections 302/34 of the Indian Penal Code and were sentenced to undergo imprisonment for life thereunder and appellant Basudeo Yadav was further convicted under Section 27 of the Arms Act and was sentenced to undergo rigorous imprisonment for five years with a direction that sentences would run concurrently.

(2.) The prosecution case, as given in the fardbeyan (Ext. 1/2) of Ram Swarup Chauhan (P.W. 11) recorded at P.O. village Sirpatiya at 9.00 p.m. on 23.5.1985, was that on the same day at 6.30 p.m. an altercation took place between appellant Kailash Yadav and one Balo Chauhan on the point of flow of drain water from the hand -pipe which was situated in the east of the house of Kailash Yadav. Further case of prosecution was that the informant and his brother Ram Chandra Chauhan (deceased) reached there and objected regarding diversion of the drain from west to east and, thereafter, Kailash Yadav went to his house and brought a country -made gun and appellant Basudeo Yadav also brought a country -made gun while other appellants pelted brick -bats and when the informant and his brother fled to save themselves, it is alleged that Kailash Yadav fired a shot causing injury in the left side of the head of Ram Chandra Chauhan as a result of which he died at the spot. It was further alleged that appellant Basudeo Yadav also fired a shot on the informant which did not hit him and he escaped narrowly. In the fardbeyan Krishna Chauhan (P.W. 8) and Kesho (P.W. 3) were cited as witness of the occurrence. On the basis of the fardbeyan, Nardiganj P.S. Case No. 21 of 1985 was registered against these appellants and the police, after due investigation, submitted charge -sheet against these appellants who, after cognizance and commitment, were put on trial and were convicted as aforesaid.

(3.) The defence, as gathered from suggestion, put to P.Ws. and the statement of accused persons under Section 313 of the Code of Criminal Procedure appeared to be that they were falsely implicated in this case and that the deceased was a criminal who might have been killed somewhere else and these appellants were falsely implicated in this case due to enmity.