NATHUNIYADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) For Bhagelu Singh Yadav, his own residence became most devastatingly unsafe when he and his wife were gunned down by armed assailants during a summer night in the month of June, 1980. His wife Sona Devi fell down dead on the spot though Bhagelu Singh escaped death as the pellets did not injure his vital organs. But the irony of fate of his neighbour Ram Janam Rai was horrendous as he too was shot dead just because he woke up hearing the sound of commotion from his neighbourhood. Balroop Yadav (first cousin of Bhagelu Singh Yadav), his two sons (Nathuni Yadav and Chela Yadav) and his son-in-law (Chandrika Yadav) were charge-sheeted by the police on the aforesaid incident before the Sessions Court. After trial learned Sessions Judge acquitted all of them. But a Division Bench of the Patna High Court has reversed the acquittal and convicted them of murder and sentenced them to undergo imprisonment for life. This appeal is filed under Section 2-A of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 and Section 379 of the Code of Criminal Procedure, 1973.

(2.) During the pendency of this appeal, Balroop Yadav passed away on 17-2-1990. Consequently, the appeal against him stood abated. We heard Shri M. P. Verma, senior advocate who argued the appeal for the remaining appellants and Shri B. B. Singh, advocate for the State of Bihar. Balroop Singhs father (Charvidhar) and Bhagelu Singhs father (Lagatu) were direct brothers. Deceased Bhagelu Singh had married twice and Sona Devi was his second wife. (His first wife and a daughter born in the first wedlock had died long before this incident.) Sheela Kumari (PW-6) is the daughter of Bhagelu Singh and Sona Devi. They were residing, together in his house in Diliyan village (Rohtak District, Bihar). Appellants were also residing in the same village.

(3.) Bad blood existed between Bhagelu Singh Yadav and Balroop Yadav on account of some family feud. This ghastly incident took place around midnight on 11-6-1980. On that fateful night, Bhagelu Singh and other members of his family were sleeping on the open terrace of his residential building. Sona Devis brother Saryu Singh (PW-4) was also sleeping on the same terrace. It was during then that the assailants lurked into the house and reached the terrace. As the dog barked, Bhagelu Singh Yadav woke up and saw the assailants armed with guns standing close by.