RAM BILAS YADAV Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the order of conviction and sentence passed by Shri S.I. A.I. Raza, Sessions Judge, Madhubani, dated 21.4.1987, all the appellants above-named were convicted under Section, 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. They were further convicted under Sections 326/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years. They were still further convicted under Section 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and also under Section 447 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three months. All the sentences were directed to run concurrently. Appellant Ram Bilas Yadav was further sentenced to undergo rigorous imprisonment for two years for an offence penalised under Section 324 of the Indian Penal Code.

(2.) The prosecution case, as stated in the fardbeyan of one Ram Bharosh Thakur, was that on 30.8.1980 at 8 a.m. The informant was told by Ram Bahadur Yadav in presence of Subodh Yadav that Babulal Yadav had cut the ridge of the field. Then, this informant and Others went to the field known as Gullar Tar Key Khet and the informant and Subodh Yadav patched up the difference between the parties and it was decided that during dry days both parties will get their field measured and settle the matter and no violence should be resorted to. However, oh 31.8.1980 (date of occurrence) when the informant Ram Bharosh Yadav and Subodh Yadav were sitting at the house of the latter, the son of Ram Suchit Yadav (deceased) aged about 6 to 7 years came running and informed Ram Suchit Yadav that Ram Bahadur and others, armed with bhala and pharsa, were cutting ridge of the field and Babulal Yadav announced that whoever will come shall be subjected to killing. Subsequently, Ram Suchit Yadav along with Subodh Yadav, the informant and one Harish Chandra Pathak all went to the place of occurrence where all the above-named accused-appellants were present, armed with above weapons. They found that Ram Bahadur Yadav and Briksh Yadav were cutting ridge of the field and others were also armed with lathi and bhala. Ram Bilas Yadav was wielding garansa in his hand and some other garansas were also kept on the ground in the field. Subodh Yadav told the accused that when there was panchayati on the previous date, why they were cutting ridge on that date (date of occurrence). Thereafter, Ram Bilas Yadav instigated Ram Bahadur Yadav to assault Subodh Yadav and then Ram Bilas Yadav assaulted Subodh Yadav with garansa which cut the nose of the latter. Subsequently, all the accused-persons assaulted Ram Suchit Yadav with garansa, spade, kudali and bhala. When Babulal Yadav raised a protest, he was also subjected to assault. Thereafter, Ram Suchit Yadav and other injured persons were carried to hospital where the informant Ram Bharosh Thakur gave his fardbeyan, a case was registered and investigated. On submission of charge-sheet and commitment, all the accused-appellants were tried and were convicted and sentenced, as stated above.

(3.) The accused-appellants through their cross-examination of the P.Ws. as also through their counter-case built up defence that on 30.8.1980 Ram Suchit Yadav had cut the ridge of their field for which there was a panchayati. However, Ram Suchit Yadav did not turn up in the pachayati and the panchas directed accused Ram Bilas Yadav to block the cut ridge and not to indulge in any kind of violence. On 31.8.1980 when Ram Bilas Yadav went to black the cut ridge in the morning, Ram Suchit Yadav and others of the prosecution party came there and started quarrelling. Ram Suchit Yadav and Babulal Yadav both were armed with garansa and bhala respectively. Subodh Yadav was armed with lathi Suchit Yadav hurled garansa blow upon Ram Bilas Yadav which hit him on the left side of his head. When Ram Bilas Yadav fell down, Babulal Yadav assaulted him on his thigh. Subodh Yadav assaulted Ram Bilas Yadav with blunt portion of bhala on his mouth breaking his right tooth. Others also assaulted Ram Bilas Yadav with weapons they were carrying. The above story of defence version of the alleged occurrence is contained in the fardbeyan of Ram Bilas Yadav, which was exhibited in the trial Court (Ext. A).