KAMTA YADAV & ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) Five appellants, who were tried for offence under Section 302 read with Section 149 of the Indian Penal Code and convicted by the trial court, have approached this Court after their conviction was upheld by the High Court as well vide impugned judgment dated September 28, 2007. During the pendency of this appeal, one of the accused persons, namely Hiralal Yadav, expired and the appeal qua him stood abated. The validity of the judgment of the High Court in respect of the remaining four appellants is the subject matter of this appeal.

(2.) To trace out the prosecution case in brief, it may be mentioned that on November 16, 1991, at about 9:00 am, Ajodhaya Yadav, armed with a lathi, and other four appellants armed with bhala, were ploughing a field belonging to the informant while Kashinath Yadav exhorted others to kill the informant Ramji Yadav. Hiralal Yadav caused a bleeding injury on the head of the informant with a bhala. The informant in order to save his life shouted on which his uncle Ramayan Yadav (deceased), his father Dharichhan Yadav (PW -1) and his brother Bir Bahadur Yadav (PW -3), came in order to save him. Hiralal Yadav then caused a bhala injury on the chest and abdomen of the deceased who fell down and became unconscious. PW -1 also fell down as he was assaulted with bhala by Kashinath Yadav and Kamta Yadav causing injuries on his abdomen, back of the body and hand. PW -3 was also assaulted by Ajodhaya Yadav with lathi and also by Bhim Yadav with bhala on head causing bleeding injury. On the shouts raised by the informant and his party, Dudhnath Yadav (PW -2) and Jagdish Yadav came and saved them. Other persons from the village also came and thereafter the accused persons stopped assaulting and fled away. The reason for the occurrence was said to be a dispute over the land and litigation in the past which had resulted in filing of a court case also.

(3.) First Information Report (FIR) was registered after recording fardbayan (Exhibit ­ 4) and this FIR was proved during trial as Exhibit ­ 5. This FIR shows that the police station was situated very close to the place of occurrence, i.e. about 300 yards on the west. It further shows that formally Section 302 was not added by the Investigating Officer (PW -9). By way of correction in the FIR, this provision was added after obtaining permission for the same from the Court of the Magistrate on November 16, 1991 itself by informing that uncle of the informant, i.e. Ramayan Yadav, died on way to Bihia Hospital. The Investigating Officer inspected the place of occurrence; prepared Inquest Report (Exhibit ­ 3); sent the body for postmortem examination and obtained postmortem report; recorded the statement of witnesses, including further statement of the informant; and submitted charge -sheet for the offence under Section 302 and other provisions of the IPC. After taking cognizance, the Magistrate committed the case to the Court of Sessions where charges were framed for various offences, including Section 302 IPC. The appellants pleaded 'Not Guilty' to the charges. After the trial, accused persons were found guilty by the trial court for offence under Section 302 IPC and were awarded imprisonment for life.