Ram Chandra Yadav @ Ram Chandra Prasad vs The State Of Bihar

Date : 24-08-2026

At the outset, Mr. Mukeshwar Dayal, learned State counsel, by way of filing counter affidavit, submits that in compliance to the order dated 27.07.2026 passed by this Court, the Superintendent of Police, Nawada, called for a report from the Station House Officer, Akbarpur Police Station, Nawada, regarding present status of the appellant, which has been received and kept at annexure ‘R/1’ to the counter affidavit. As per the report, furnished by the Station House Officer, Akbarpur Police Station, Nawada, the appellant, Ramchandra Yadav @ Ramchandra Prasad, is alive and presently residing at Hudrahi More and earning his livelihood by running a small shop (gumti) there and is maintaining himself and his family.

Learned State counsel further submits that as per report of the Superintendent, District Jail, Nawada, the appellant has already completed his sentence of 5 years and was released from jail on 17.02.2025 after payment of fine, as awarded by the learned trial Court. Report of Jail Superintendent is at Annexure ‘R/2’ to the counter affidavit.

Under the changed circumstances, this appeal now survives only against the order/judgment of conviction dated 20.04.2018 passed by the learned Additional District & Sessions Judge 1^st Nawada in Sessions Trial No. 144 of 1998, G.R. No. 223 of 1995, arising out of Akbarpur P.S. Case No. 21 of 1995, whereby and whereunder the appellant has been convicted for offence under Section 326 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, as per fardbeyan of informant Baleshwar Prasad Yadav, is that on 11.03.1995 at about 2:00 P.M., after casting his vote in the M.L.A. election, while he was returning home and reached near Devi Asthan, this appellant questioned him regarding the candidate to whom he had cast his vote. When the informant replied that he had voted for Panja Chhap, the accused, who was allegedly supporting Chhata Chhap, became enraged, abused him and thereafter, fired a bullet, which hit the middle toe/finger of the informant's right foot, causing grievous firearm injury. The injured was immediately taken to Sadar Hospital, Nawada, where his fardbeyan was recorded. On its basis, Akbarpur P.S. Case No. 21 of 1995 was instituted under Sections 307, 341, 324, 326 IPC and Section 27 of the Arms Act.

After investigation, charge-sheet was submitted and thereafter, learned Magistrate took cognizance and committed the case to the court of sessions and thereafter, charge was framed and explained to the accused-appellant, to which, he pleaded not guilty and claimed to be tried.

In this case, the prosecution has examined altogether six witnesses in order to prove its case, who are:

The prosecution has adduced documentary evidences, which are marked as:-

After hearing the parties and perusing the materials available on record, the learned Trial Court has convicted and sentenced this appellant, as indicated above.

On careful perusal of the records, this Court finds that the prosecution has proved its case beyond all reasonable doubt. All the prosecution witnesses have supported the prosecution case, even doctor, who was examined as P.W.5, has also corroborated the prosecution case and found the injury, sustained by informant, to be grievous in nature, caused by fire-arm. Therefore, the learned Trial Court has rightly convicted the appellant under Section 326 of the Indian Penal Code and Section 27 of the Arms Act. No perversity or illegality is found in appreciation of evidence by the learned Trial Court warranting interference in appellate jurisdiction.

Accordingly, the impugned judgment of conviction dated 20.04.2018 passed by the learned Additional District & Sessions Judge 1^st Nawada in Sessions Trial No. 144 of 1998, G.R. No. 223 of 1995, arising out of Akbarpur P.S. Case No. 21 of 1995, is upheld.

Accordingly, the appeal stands disposed of.