K.N.Ojha, J. - (1.) Heard Sri L.S. Yadav, learned Counsel for the applicant, Sri M.C. Chaturvedi, learned Counsel for the complainant, learned A.G.A. and have gone through the record.
(2.) Shyam Behari Singh is in jail in Crime No. 56 of 2005 under Section 302/307/336/435/504/506 IPC, P.S. Sahabganj, district Chandauli.
(3.) According to prosecution Chandra Kant Singh lodged FIR against applicant Shayam Behari Singh (Yadav) and his two sons Jai Prakash Yadav and Sachidanand Yadav on 8.6.2005 at 9.05 a.m. under above-mentioned sections containing the fact that on the same day at about 8 a.m. he alongwith his father, brother uncle were erecting Chappar on the wall after getting it repaired. When applicant armed with license gun Jai Prakash and Sachidanand armed with country made pistols went on their roof, which is near the place where chappar of the complainant was existing and started to through brickbats. This was an old chappar existing since long time in which cattle of the complainant were tethered. In the meanwhile co-accused Jai Prakash sprinkled petrol on the chappar from the roof and threw matchstick and chappar started to burn. Shayam behari and Jai Prakash fired on Ram Awadh Singh Yadav, father of the informant who died on the spot. Sachidanand also fired with his country made pistol on informant Chandra Kant Singh Yadav but no injury was caused.;