CHANDI YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) All these appellants have been found guilty under Section 302/34 of the Indian Penal Code for committing murder of Umesh Yadav oh 24.10.1988 and, accordingly, they have been sentenced to undergo rigorous imprisonment for life.

(3.) The prosecution case briefly stated, is that on 24.10.1998 PW 8 Badri Prasad Yadav went to the Police Station and at about 11.00 a.m. his fardbeyan was recorded stating therein that on 24.10.1988 at 7.30 a.m. while he was returning after easing himself, he heard alarm from the canal side. On hearing alarm, he rushed towards the canal and there he saw accused Chandi Yadav and Balkrishna Yadav standing with lathi whereas accused Chhutaharu Yadav was standing armed with gun and accused Jai Naraian Yadav was armed with farsa. There accused Chandi Yadav asked his three sons to kill Umesh Yadav and on the order of Chandi Yadav, Jai Narain Yadav caught leg of Umesh Yadav and pulled him down. Jai Narayan Yadav. assaulted him on the neck with farsa whereas Bal Krishna Yadav and Chandi Yadav assaulted him with lathi The informant having seen the assault raised alarm on which several villagers collected there and saw the entire occurrence. He tried to save his brother but he could not do so as Chhutaharu Yadav pointed gun to him and due to fear he went towards western side. After committing assault upon Umesh Yadav, the accused-persons dragged him from the canal to their paddy field where he was found dead.