RAMASHRAY YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal, by special leave, has been filed against the judgment and order dated 15.1.2004 of Patna High Court, by which the appeal preferred by the appellants was dismissed and their conviction under Section 302 read with Section 34 IPC and Section 27 Arms Act and the sentence of imprisonment for life under the first count and three years R.I. under the second count imposed by Second Additional Sessions Judge, Hilsa, Nalanda, in Sessions Trial No.612 of 1998 were affirmed.

(2.) The case of the prosecution may be stated in brief. The deceased Ram Parvesh Yadav was carrying on timber business and was running a saw mill at Hilsa. The appellants, Ramashray Yadav (A-1), Tanikan Yadav (A-2) and Rajdeo Yadav (A-3), were bullies or goondas of the locality and they used to demand "rangdari tax" (Goonda Tax) from the deceased, but he refused to pay the same. Due to this reason, the appellants were hostile to the deceased and wanted to teach him a lesson. On 10.4.1998, the deceased Ram Parvesh Yadav along with his brother PW.12 Sidheshwar Prasad and some others went on a tractor trolley to bring timber from village Dabaul. After loading the timber, they returned from there and reached west of village Shekhopur at about 3.30 p.m. Suddenly, the three appellants and two other unknown persons came out from the bushes and started firing with country-made pistol and rifle. The labourers, the driver of the tractor and Ram Parvesh Yadav jumped from the tractor and started running towards eastern side. The accused chased Ram Parvesh Yadav and after covering some distance reached near him and fired number of shots, which hit him and he fell down dead. Sidheshwar Prasad gave his fard bayan to S.I. Deo Nath Bhagat, of Police Station, Hilsa at about 5.00 p.m. The formal FIR of the incident was registered at the Police Station at 7.30 p.m. on the basis of which Crime Case No.139 of 1998 was registered. S.I. Prabhu Nath Singh commenced investigation of the case and after recording statement of witnesses under Section 161 Cr.P.C. and completing other formalities submitted charge sheet against the three appellants. The post-mortem examination conducted on the body of the deceased Ram Pravesh Yadav revealed that he had sustained large number of gunshot injuries.

(3.) After commitment of the case to the Court of Session, the appellants were charged under Section 302 read with Section 34 IPC and Section 27, Arms Act. The appellants pleaded not guilty and claimed to be tried. In order to establish its case, the prosecution examined in all 15 witnesses, out of whom 7 witnesses turned hostile. PW.12 Sidheshwar Prasad, brother of the deceased who had accompanied him on the tractor to village Dabaul for bringing the timber, gave the complete version of the incident in his deposition in Court. PW.3 Karu Beldar was the driver of the tractor. He deposed that he had driven the tractor trolley on which Ram Parvesh Yadav and Sidheshwar Prasad had gone to village Dabaul for bringing timber. When they were returning to village Hilsa at about 3.00- 4.00 p.m. and had reached near village Shekhopur, two-three people whom he could not recognize, came there and started firing upon the tractor. Ram Parvesh Yadav ran towards eastern side, but after receiving gunshot injuries he fell down and died on the spot. When confronted with his statement under Section 161 Cr.P.C., wherein he had mentioned that the three appellants namely, Ramashray Yadav, Tanikan Yadav and Rajdeo Yadav were present amongst the assailants and had fired from country- made pistol and rifle upon the deceased, he denied to have given any such statement, though he admitted that the police had recorded his statement at the police station. He also denied to have stated in his statement under Section 161 Cr.P.C. that the accused appellants used to demand "rangdari tax" (Goonda Tax) from the deceased and on account of non-payment thereof, they had committed his murder. PW.5 Arjun Prasad stated that at about 3.30 p.m. on 10.4.1998, he was returning from village Tamara and when he reached near Lehra Dak river, he heard sound of several gunshots being fired. He along with others rushed towards Mahua Khandha and saw one person lying on the ground who had received large number of injuries. Sidheshwar Prasad was standing nearby and on enquiry he informed him that on account of non-payment of "rangdari tax", Ramashray Yadav, Tanikan Yadav and Rajdeo Yadav had killed his brother Ram Parvesh Yadav by causing gunshot injuries. PW.14 Dr. S.B. Singh had conducted post-mortem examination on the body of the deceased at 7.30 a.m. on 11.4.1998 and had prepared the post-mortem report. In his deposition, he proved the aforesaid report and stated that the deceased had sustained gunshot injuries on his face, mouth, lumber region, arms and hand. Three bullets were found inside the body which were taken out. In his opinion, death had occurred 16 to 24 hours prior to the holding of post- mortem examination.