SITA RAM YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three appeals arise out of the common judgment and order of conviction. They have been heard together and are being disposed of by this judgment.

(2.) These appeals have been filed against the judgment and order dated 21-4-1987 passed by 1st Addl. Sessions Judge, Aurangabad in S.T. No. 87/5 of 1981/83 whereby the appellants in Cr. Appeal No. 163/87 have been convicted for the offence under Sections 302/149 of the Indian Penal Code and they have been sentenced to undergo imprisonment for life. They have further been convicted for the offence under Section 147 of the Indian Penal Code but no separate sentence has been awarded. The appellant in Cr. Appeal No. 186/87 has been convicted for the offence under Section 302 of the Indian Penal Code and has been sentenced to undergo imprisonment for life. He has further been convicted for the offence under Section 148 of the Indian Penal Code but no separate sentence has been awarded. The appellant in Cr. Appeal No. 205/87 has been convicted for the offence under Sections 302/109 of the Indian Penal Code and has been sentenced to undergo imprisonment for life. He has further been convicted for the offence under Sections 302/149 of the Indian Penal Code but no separate sentence has been awarded. He has further been convicted for the offence under Section 147 of the Indian Penal Code but no separate sentence has been awarded.

(3.) One Biga Yadav took the dead body of his son, namely, Barhu Yadav on 1-4-1978 at 4 A.M. to the Police Station and gave his fardbeyan that his brother Fulchand was issueless. He alienated 8 bighas of land in the name of his wife Tetri Gowalin. He suspected that she will alienate the property to others and as such during his lifetime he got the land alienated in favour of Barhu Yadav, son of the informant. About 7 years ago Fulchand Yadav died. He was giving 25 mounds paddy to Tetri Devi for maintenance but she was not satisfied and she used to say to return the land. One Nanu Singh of village Kherwan got the land alienated in his favour from Tetri Devi. Tetri Devi also used to say that she had alienated the land in favour of Nanu Singh. Tetri Devi was lady of bad character. She had illicit relation with many persons. On 31-3-1978 the informant and his family members after taking meal were sleeping in his house. His son Barhu Yadav was also sleeping there. Panchu 'Pasi and Sukhu Pasi informed that some miscreants had assembled in the Ahar. Barhu Yadav informed the villagers and he along with villagers assembled under the neem tree which was near his house. In the meantime 10-12 persons came running and hurled bomb on Jitu Yadav. He ran away. The miscreants climbed on the roof of the house and came down in court yard and assaulted the family members. They were searching Barhu Yadav. There was alarm. However, Barhu Yadav climbed on the roof of the house and Nunu Singh ordered to kill him on which Ramkesh Gahlot hurled a bomb causing injury to Barhu Yadav and he fell down from the roof of the house. The miscreants while retreating took away ornaments, Radio and watch etc. The miscreants were flashing torch in which he identified Ramkesh Gahlot, Ramroop Yadav, Chhatihar Yadav, Sitaram Yadav, Nunu Singh, Siri Yadav, Bindeshwar Yadav and Tapeshwar Yadav. After the occurrence he went near son, namely, Barhu Yadav who was lying in injured condition. He along with others was taking him to the Police Station but he died on the way.