RANBIR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three appeals stem from two related incidents that took place on November 11, 1985 in village Laxmipur Taufir Bind Toli and its neighbourhood within the jurisdiction of Munger Musffasil Police Station in the State of Bihar. Before detailing the incidents and discussing the evidence on record relating thereto it will be necessary to narrate the sequence of events leading to the trial to appreciate the contentions raised on behalf of the appellants regarding validity of the trial as well as the admission of evidence of some of the prosecution witnesses therein.

(2.) Over the first incident that took place at or about 6 a.m. two cases were registered being Munger Muffasil P.S. Case Nos.302 and 303 of 1985 after they were jointly investigated, a charge-sheet was submitted against six accused persons under Sections 147, 148 and 149/307, IPC and Section 27 of the Arms Act. In respect of the second incident, which started at mid day and continued till the evening, also two cases were registered:One in the same night on the statement of one Janki Bind being case No.304 of 1985 under Sections 148, 149/302, 201, 436 and 320, IPC, and the other on the following morning on the statement of the Mahender Singh being case No.305 of 1985 under Sections 302/149, 307. 380, 436, 147, 148, 201 and 120 B, IPC, and Section 27 of the Arms Act. These two cases also after joint investigation ended in a charge-sheet against 152 accused persons, including the three appellants herein and some absconders.

(3.) The case relating to the second incident was committed to the Court of Session on January 28, 1986 and on receipt of the order of commitment the learned Sessions Judge transferred it to the 10th Court of the Addl. Sessions Judge (10th Court for short) for trial (Sessions trial No. 10 of 1986). Thereafter on February 25, 1986 the 10th Court framed various charges against the accused persons including charges under Sections 302/149, 436/149, 120-B and 380/149, IPC and as they pleaded not guilty, proceeded to record evidence of the prosecution witnesses on and from March 4,1986. In the meantime the case relating to the first incident had also been committed to the Court of Session and transferred to the same Court on March 3, 1986 for trial (Sessions trial No.83 of 1986).