RAJ BALLAM YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appeal arises out of common final judgment dated 05.11.2012 in Criminal Appeal (DB) No.197/1990 passed by the High Court of Judicature at Patna whereby the High Court has dismissed the appeal of the appellant herein.

(2.) The facts of the case are that on 07.12.1987 at 5.00 p.m. Deonandan Prasad Sinha (deceased) carrying a packet of Urea fertilizer was going on the rickshaw being plied by Bijendra Paswan (PW-7). Deonandan Prasad Sinha was a school Teacher. While they were towards their houses from Bihar Sharif, the informant Krishna Chandra Prasad(PW-3) noted that some other persons were travelling through the same way. The informant along with his nephew Nand Kishore Prasad (PW-6), Mahesh Prasad (PW-2) and Ashok Kumar(PW-1) were also negotiating through the same route in near vicinity of the rickshaw being plied by Bijendra Paswan (PW-7). As soon as the rickshaw of Bijendra Paswan (PW-7) carrying Deonandan Prasad Sinha reached near a tree of Dumarao Raod, Raj Ballam Yadav @ Bijli Yadav, Chhotey Yadav, Bhim Yadav, Sri Ballam Yadav and Deonandan Yadav who were armed intercepted the rickshaw and at the behest of Bhim Yadav, Deonandan Prasad Sinha was fired upon by Raj Ballam Yadav @ Bijli yadav who received firearm injury and succumbed to that injury.

(3.) The reason for the murder was that Surjyanandan Prasad, son of Bhim Prasad- a military man had greedy eyes upon the land of the informant for which he had applied for settlement before the Collector, Nalanda. Proceeding with regard to his application was terminated and the land was in the process of being encircled. The killing was with the aim of restraining construction of the boundary upon the land Statement of the informant was recorded and FIR was registered.