KARPURI ALIAS KAPURI YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) -Both these appeals have, been heard together and are being disposed of by this common judgment because both the appeals are" directed against the judgment and order dated 16.10.93 passed by 2nd Addl. Sessions Judge, Saharsa in Sessions Case No. 121 of 1992/120 of 1992 convicting and sentencing appellant Mohit Yadav to undergo imprisonment for life under section 302/34 of the Indian Penal Code (In short, I.P.C.) and convicting and sentencing the remaining appellants to undergo R.l. for three years under section 201 I.P.C.

(2.) THE prosecution case in short is that.on 4.4.92 at about 8.30 PM appellant Mohit Yadav took the deceased Pravin Kumar Yadav, son of informant, with him from his house for singing 'bhajan ' (devotional song). Thereafter the infomant took his meal and went to the house of his neighbour Motilal Yadav (PW 1) and slept at his 'darwaja ' where he generally used to sleep. On the next day in the morning at about 4.30 AM when the informant awoke he found that his neighbour Motilal Yadav (PW 1) was giving fodder to his cattle and appellants Karpuri @ Kapuri Yadav, Surendra Yadav, Chulhai Yadav and Satto Yadav Were standing below the darwaja and appellant Mohit Yadav was laying a boy wrapped in a cloth on a 'chawki ' and when informant enquired from him whom he was laying down all the appellants fled away. When the informant and Motilal Yadav (PW 1) removed the cloth from the face of the boy they found he was Pravin Kumar Yadav, who was dead and blood was oozing out from his nose and mouth and neck was swollen with a black mark on it. The informant started weeping on which his neighbours, namely, Maheshwar Yadav (PW 5), Bateshwar Yadav (PW 2), Ramjee Yadav (not examined) and others came there and informant told them that the appellants after killing his son Pravin Kumar Yadav had kept his body on a chawki and had fled away. The fardbeyan (Ext 2) of informant was recorded by A.S.I. Ashok Kumar Rajak (PW 11) at police station on 5.4.92 at 13.30 hrs. About the motive of occurrence the informant in fardbeyan has stated that about 8 -10 days prior to occurrence he had some dispute with the appellants Surendra Yadav, Karpuri Yadav and Mohit Yadav over the matter of demand of a sum of Rs. 2,000/ - and for this reason the appellants committed the murder of his son after pressing his neck. On the basis of fardbeyan of informant a case under section 302/34 I.P.C. was registered against the appellants and the police after investigation submitted charge sheet against all the appellants under section 302/34 I.P.C. After taking cognizance the case was committed to the court of Sessions where charge under section 302/34 I.P.C. was framed against all the appellants who denied the charge against them and they were put on trial. The case of defence as it appears from the trend of cross examination of prosecution witnesses is complete denial of their participation in the murder of son of deceased and their innocence and false implication in this case.

(3.) DR . Udai Chandra Mishra (PW 10) in his evidence has stated that on 6.4.1993 at about 12.00 noon he conducted post mortem examination on the dead body of Pravin Kumar Yadav and found that the body was of a twelve years old male child and he found the following antemortem injuries on it.