SUNIL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Sunil Yadav has been found guilty for an offence punishable under Section 307 of the I.P.C. and sentenced to undergo R.I. for seven years as well as to pay fine appertaining to Rs.50, 000/- and in default thereof, to undergo R.I. for three years, additionally vide judgment of conviction dated 21.07.2015 and order of sentence dated 28.07.2015 passed by the 4th Additional Sessions Judge, Purnia in Sessions Trial No.421 of 2001/ 63 of 2015.

(2.) Pw-6, Birendra Yadav, gave his fard-bayan on 16.01.2000 at about 4.00 p.m. while he along with his brother Amrendra Yadav were undergoing treatment at State Dispensary Kumar-Khand alleging inter alia that during course of weeding of his maize crop, his elder brother Rajendra Yadav came and protested, whereupon an altercation took place. During course thereof, he was joined by his sons Sunil Yadav armed with spade, Anil Yadav armed with farsa and Suman Yadav armed with lathi. On an order of Rajendra Yadav, Sunil Yadav gave spade blow over head of Amrendra Yadav causing severe injury. He was assaulted with farsa by Sunil Yadav causing injury over his head. Then thereafter, they both were assaulted by lathi, brutally as a result of which, they both became unconscious. They were lifted to hospital by their villagers where they remained unconscious for two days. His brother is still senseless. Nirmal Yadav and Fulendra Prasad Yadav stood as F.I.R. attesting witness.

(3.) On the basis of the aforesaid fard-bayan, Banmankhi (Jankinagar) P. S. Case No.23 of 2000 was registered followed with an investigation as well as submission of chargesheet, facilitating the trial, meeting with the ultimate result, subject matter of instant appeal.