BALO YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The six appellants before us were among the 14 accused arrayed in the Sessions Court indicated for the murder of one Ramdeo Yadav during the wee hours on 30th October, 1975. Although the Sessions Court convicted all the thirteen accused of the offences of rioting and murder (with the aid of S. 149, IPC) the High Court confirmed the conviction only in respect of the seven appellants before us. They have been sentenced to imprisonment for life for the offence of murder and to rigorous imprisonment for two years for the offence under S. 148, IPC.

(2.) Facts are simple. Deceased Ramdeo Yadav and his son Gajendra Yadav (PW 8) after their dinner at home went to a nearby field presumably for watching the crop thereon. Deceased went tol sleep on a wooden plank in one field while his son (PW 8) slept in the adjoining field. Some time after midnight these appellants and few others came to this place armed with lethal weapons such as spears (bhala) and gupti and surrounded Ramdeo Yadav, dragged him out and showered bloody assault on him with the weapons. Gajendra Yadav (PW 8) on hearing the sound of a commotion woke up and rushed to the scene with his torchlight and saw the assailants attacking his father. He made a hue and cry, but somebody among the assailants snatched away his torchlight. By then a few of the neighbouring cultivators rushed to the scene. The assailants who succeeded in inflicting large number of injuries on the deceased fled from the place with the weapons. Ramdeo Yadav who sustained extensive wounds died on the spot.

(3.) Gajendra Yadav went to the local Police Station and lodged the complaint on the basis of which FIR was registered. After completing investigation the case was charge-sheeted against the fourteen accused.