LEKHA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this appeal by special leave, Lekha Yadav appellant challenges his conviction by the High Court under S. 302, I.P.C. for the murder of co-villager, Ramautar Mishra as per judgment and order dated October 9, 1960 after reversing his acquittal by the court of Third Additional Sessions Judge, Patna by its order dated October 12, 1966. In the trial court, there were nine accused persons including the appellant and the charge against the appellant was under Ss. 148 and 302, I.P.C whereas against the remaining accused persons, the charge was framed under Sections 302/149, I.P C. Ram Pravash Singh, Suresh Yadav and Budhu Yadav three out of the other 8 accused persons were further charged under S. 147, I.P.C. whereas the remaining five were charged under S. 148, I.P.C.

(2.) The prosecution case broadly stated is that in village Supanchak in the jurisdiction of police station Fatwah there is some Raiyati land belonging to the family of Sheonandan Mishra. Surjug Mishra. Kamalnain Mishra, Ramasis Mishra and the deceased Ramautar Mishra, bearing plot No. 60 with an area of 9 decimals. Adjacent towards east of this plot is plot No 50 with an area of 89 decimals which is Gairmazarua. A portion of this Gairmazarua land, adjacent to plot No. 60, is in the cultivating possession of the family of Mishras since along time. There was, it appears, a proposal to give, as a reward, 5 acres of land to Chandeshwar Mishra a brother of Sarjug Mishra P.W. 12, who was in military services. On behalf of Chandeshwar Mishra a request was made to include in the aforesaid area of five acres proposed to be awarded to him, a portion of plot No. 50 which was already in possession of the family of Mishras. This greatly annoyed the accused persons. As a result, proceedings under Ss. 144 and 107, Cr. P.C. were started at the instance of Sarjug Mishra, P.W. 12. In the proceedings under S. 107, notices were issued to the accused persons on September 3, 1965 to show cause by September 28, 1965 as to why they should not be directed to execute interim bonds to keep the peace. On 22nd September, 1965 the occurrence in question took place giving rise to the prosecution out of which the present appeal arises. On that day in the early hours of the morning, Ramautar Mishra was planting brinjals in the Raiyati land when the accused persons came there armed with various weapons and asked the deceased to stop planting brinjals, otherwise he would be killed. Ramautar insisted on planting brinjals whereupon the appellant gave a Bhala blow on his chest, Jaldhari gave a Bhala blow on the stomach of the deceased, and Sheobalak accused hit the deceased on his leg with a Garasa. Some other accused are also stated to have assaulted the deceased on his leg. As a result, Ramautar fell down. Sarjug Mishra, P.W. 12, the brother of the deceased, who had just arrived from Barh saw the occurrence and raised alarm. Some of the villagers who were near about and had witnessed the occurrence, along with some others, also arrived at the place of occurrence, but seeing them the accused persons fled away. Ramautar, the deceased, who was gasping was given water by his brother Sarjug Mishra and a cot was brought for taking Ramautar to Fatwah Hospital. Ramautar however, expired on the way near village Somaru. Information with regard to this occurrence was lodged by Sarjug Mishra, P.W. 12 at 7.15 A.M. at the police station Fatwah.

(3.) The trial court in a relatively brief judgment came to the conclusion that the story put forward by the prosecution was incredible and unconvincing and the witnesses examined could not be believed. So holding, all the accused were acquitted.