CAV JUDGMENT

Date : 24.09.2024

1. The present appeal preferred by appellants/convicts against judgment of conviction dated 28-10-2021 and order of sentence dated 01-11-2021 passed by the learned Addl. District and Sessions Judge- III, Sheikhpura, passed in Sessions Trial No. 714/2011/Trial No. 33/2021 in connection with Barbigha P.S. Case No. 196/2010, whereby and whereunder appellants/convicts have been convicted for the offences punishable under sections 147, 148, 323, 324, 337, 307, 149 of the Indian Penal Code and Section 27 of Arms Act and sentenced them to undergo rigorous imprisonment for seven (07) years and fine of Rs. 3,000/- (Rupees three thousand) each for Section 307 of the Indian Penal Code and in default of payment of fine, they shall ordered to undergo extra imprisonment for three months. They shall further undergo imprisonment for a period of two years for the offence under Section 147 of the Indian Penal Code. They shall further undergo rigorous imprisonment for a period of two years for the offence under Section 148 of the Indian Penal Code. They shall further undergo rigorous imprisonment for a period of one year for the offence under Section 324 of the Indian Penal Code and they shall further ordered to undergo rigorous imprisonment for a period of four years for the offence under Section 27 of the Arms Act and in default of payment of fine, they shall ordered to undergo extra imprisonment for three months. All the sentences imposed to the accused persons shall ordered to run concurrently.

2. The crux of prosecution case as it appears from written information of the informant, namely, Lakhan Yadav (PW-2) that on 14.09.2010, on the date of incident, when he was sitting on his Protico (Verandah) at about 07:30 A.M. then accused/appellant Adhik Yadav and Tano Yadav came armed with country made gun and country made pistol, accused/appellant Biru Yadav also came armed with country made gun, accused/appellant Bilash Yadav also came there armed with a country made gun and they started digging his land for the purpose of fixing the peg (Khunta), when he objected for this act of accused/appellants then all accused persons started abusing him. Bilash Yadav assaulted with fists and kick and when he tried to save himself then Biru Yadav fired upon him but the bullet missed him, which hit to the nearby wall of a school. Thereafter, upon hearing sound of firing Bhuso @ Bhushan Yadav and Suresh Yadav also fired upon him with country made gun but this time also bullet did not hit him, then Naresh Yadav gave a “Garasa” blow but he managed to save himself. In the meantime, Adhik Yadav, and Tano Yadav fired upon him with country made gun and country made pistol, resultantly, multiple firearm injuries caused upon his body. Later on, the wife of accused Adhik Yadav and Suresh Yadav started pelting stone on him. In the meantime, hearing the sound of firing, his relatives and family members came on the spot and they were taken him to the Barbigha Referral Hospital, at Barbigha, where his statement was recorded by Barbigha Police.

3. After investigation, police submitted charge sheet no. 11/2011 on 31.01.2011 under Sections 147, 148, 149, 323, 324, 307, 504 of the Indian Penal Code and Section 27 of the Arms Act against appellants and others. Thereafter, learned C.J.M., Sheikhpura took cognizance against appellants and other co-accused under Sections 147, 148, 149, 323, 324, 307, 504 of the Indian Penal Code and Section 27 of the Arms Act and, thereafter, case was transferred to the court of learned District and Sessions Judge, Munger (Sheikhpura at that time part of Munger judgeship), later on, case was transferred in the court of F.T.C. III, Sheikhpura for trial and disposal.

4. To established its case before the learned trial court, the prosecution altogether examined total of eight witnesses, namely, PW-1 Bundela Yadav (eye- witness), PW-2 Lakhan Yadav (Informant/victim/injured eye witness), PW-3 Sanjay Yadav (eye witness), PW-4 A