NARESH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals have been heard together and are being disposed of by this common judgment because both the appeals arise out of the same judgment and order dated 6-4-1987 passed by VIth Additional Sessions Judge, Gaya, in Sessions Trial No. 228 of 1981/25 of 1984 convicting and sentencing the appellant Ram Pravesh Yadav to undergo life imprisonment under S. 302 of the Indian Penal Code (in short, 'IPC') and the remaining appellanmts to undergo life imprisonment under S. 302/149, IPC. Appellants Manilal Yadav, Surendra Yadav and Naresh Yadav have been further convicted and sentenced to R.I. for three months under S. 147, IPC, appellants Dilkeshwar Yadav and Raghubar Yadav have been further convicted and sentenced to R. I. for four months under S. 148, IPC and appellant Ram Pravesh Yadav has been further convicted and sentenced to R.I. for one year under S. 27 of the Arms Act. All the sentences have, however, been ordered torun concurrently.

(2.) The case of prosecution, in short, is that on 10-7-80 at about 7 a.m. informant Ram Ratan Singh (P.W. 3) along with his injured father Deodhari Yadav (not examined), Ravindra Yadav (P.W. 6) and Range Singh (since dead) went to Kurtha Thana within the district of Gaya taking the dead body of his elder brother Kam Nandan Yadav alias Guru Singh and lodged FIR stating therein that on 9-7-80 at about 11-11.30 p.m. he after taking meal was going to bed and at that time his deceased brother along with his other brothers Ram Chandra Yadav (P.W. 2) and Shiv Ratan Yadav (P.W. 5) was sleeping in the 'dalan' made of straw in front of female ward of his house. At that time about 10-15 persons making firing and raising, hulla of 'maro maro' came to his 'dulan'. On hearing the sound of firing and the hulla, the informant went on the roof of his house and flashed a torch towards the 'dalan' and saw the appellants Naresh Yadav, Manilal Yadav and Surendra Yadav armed with lathis, appellant Ram Pravesh Yadav armed with a gun and appellants Dilkeshwar Yadav and Raghubar Yadav armed with 'Chhura' along with Ram Swaroop Yadav (since dead) armed with gun and Jang Bahadur Yadav (since dead) armed with 'garasa' and some others who could not be identified by the informant. The appellants and their companions 'started' indiscriminately assaulting the family members of the informant Co-accused Jang Bahadur Yadav assaulted Ravindra Kumar (P.W. 6) a dumb and deaf nephew of informant, by garasa and when deceased Ram Nandan Yadav raised protest that why a dumb person was being assaulted Jang Bahadur Yadav ordered for killing him in which co-accused Ram Swaroop Yadav and appellant Ram Pravesh Yadav fired from their guns killing Ram Nandan Yadav. When the old father of informant raised protest he was also assaulted by appellants Manilal Yadav, Surendra Yadav and Naresh Yadav with lathis. Rangu Yadav (since died), the 'Samdhi' of brother of informant who was also at that time in the dalan was assaulted by appellants Dilkeshwar Yadav and Raghubar Yadav by 'chhura'. The brothers of informant after raising 'hulla' fled away from the 'dalan' and therefore they escaped from assault. Co-accused Ram Swaroop Yadav and appellant Ram Pravesh Yadav also fired on the informant but the shot did not hit the informant. Co-accused Jang Bahadur Yadav ordered his companions for killing other family members of the informant but in the meantime on 'hulla' villagers assembled there and the appellants fled away towards west and north. About the motive of occurrence the informant stated that two years prior to occurrence he had purchased land which the co-accused Jang Bahadur Yadav wanted to purchase and one year piror to occurence the appellants and their companions had assaulted his nephew Shiv Dutta Yadav (P.W. 4) and on account of these reasons there was enmity between the parties. FIR was registered under Ss. 147, 148, 149, 302, 324, 323, IPC and 27 of the Arms Act against the appellants as well as against Ram Swaroop Yadav and Jang Bahadur Yadav. After investigation charge sheet under the same sections was submitted against the appellants as well as against Ram Swaroop Yadav and Jang Bahadur Yadav. The case was committed to the Court of Session and thereafter co-accused Ram Swaroop Yadav and Jang Bahadur Yadav died and therefore trial proceeded against the appellants only. Charge under Ss. 302/149, IPC against all the appellants besides charges under Ss. 302, IPC and 27 Arms Act against appellant Ram Pravesh Yadav and charges under Ss. 148 and 324, IPC against appellants Dilkeshwar Yadav and Raghubar Yadav, charges under Ss. 147 and 323, IPC against appellants Manilal Yadav, Surendra Yadav and Naresh Yadav were framed. The appellants denied the charges levelled against them and their defence as, it appears from the trend of cross-examination of prosecution witnesses is that they have been falsely implicated in this case on account of their enmity with the prosecution party. After the trial, the Court below found the appellants guilty and convicted and sentenced them as indicated above.

(3.) In order to prove its case, the prosecution has examined 8 witnesses in this case. Ram Ratan Singh (P.W. 1) is the informant, Ram Chandra Yadav (PW. 2) brother of informant and deceased, Shiv Dutta Singh (PW. 4) the son of deceased and Ravindra Yadav (P.W. 6) another son of deceased are said to be eye-witnesses to the occurrence. Shiv Ratan Gope (P.W. 5) who is also brother of deceased had seen the appellants and their companions taking part in assault and he then fled away and after his return he was told by his father and informant thatappellant Ram Pravesh had committed the murder of deceased by firing. Dashrath Rai (P.W. 1), Ram Baleshwar (P.W. 7) and Ram Baleshwar Singh (P.W. 8) are formal witnesses who have proved signature (Ext. 1) of the then Officer-in-charge of Kurtha P.S. on FIR, signature (Ext. 1/K) of Dr. Jaglal Pd Gupta on FIR, carbon copy of post mortem examination report (Ext. 2) and carbon copy of case diary (Ext. 3). It appears that Ram Baleshwar (P.W. 7) and Ram Baleshwar Singh (P.W. 8) is the same person which is apparent from the parentage appearing on both the depositions. The signatures on both the depositions appear to be in the same writing.