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2017 Supreme(Pat) 1145

KISHORE KUMAR MANDAL, MADHURESH PRASAD
Ranbir Yadav – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Ajay Kumar Thakur, Mr. Ravi Ranjan, Ms Babita Kumari
Mr. Shashank Shekhar
For the State : Mr. S.N. Prasad, Mr. Ashutosh Jha

JUDGMENT :

KISHORE KUMAR MANDAL, J.

The present appeal is filed by the sole appellant to challenge the judgment of conviction and order of sentence dated 24.12.2016/03.01.2017 respectively, recorded by the Additional Sessions Judge-I Munger in Sessions Trial No. 184 of 1989. The learned trial court, on appraisal of evidence, held him guilty under section 302 IPC and sentenced to undergo R.I. for life and also to pay a fine with default clause.

2. Briefly stated, the prosecution case presented at the trial is that the deceased Sunil Yadav (cousin brother of the appellant) was on the rooftop of the double-storied house of his uncle(P.W.2) when the she goat of the appellant fell down from the roof for which the appellant started blaming him and also started pelting stones on him. In the midst of quarrel, the appellant went inside his house and came out with his rifle and fired upon the victim standing on the rooftop which hit him in his abdomen. He fell down on the roof itself. His father Madan Yadav (P.W.1), uncle Ram Sharan Yadav (P.W.2) and cousin Pandav Yadav (P.W.6) came there and saw the occurrence. They also helped the injured in shifting to the Sadar Hospital, Khagaria for treatm



















































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