SHOBH LAYAK YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the two appeals namely Cr. Appeal No. 71 DB/1989 filed on behalf of appellants namely Shobh Layak Yadav, Kedar Yadav, Shri Kishun Yadav and Bhola Kanu and Cr. Appeal No. 86 DB/1989 filed on behalf of appellants namely Asharaf Mian and Ramayan Yadav have arisen out of one judgment passed by 9th Additional Sessions Judge, Rohtas at Sasaram on 23rd January, 1989 in Sessions Trial No. 99/1988 of 48/1988 whereby all the appellants have been held guilty under Section 396 of the Indian Penal Code. Convicts Asharaf Mian and Ramayan Yadav have been sentenced to undergo rigorous imprisonment for life and rest appellants Sri Kishun Yadav, Shobhlayak Yadav, Kedar Yadav and Bhola Kanu have been sentenced to undergo rigorous imprisonment for eight years.

(2.) THE FIR of Dawath P.S. Case No. 57 of 1986 has resulted on the basis of fardbeyan of Haricharan Chaudhary (P.W.6) recorded by Sub-Inspector Shagir Ahmad (P.W.9). In the fardbeyan given at 8.45 a.m. on 18.06.1987, the informant namely Haricharan Chaudhary (P.W.6) of Village Jamsona has alleged that on the preceding night at 9 p.m. he was sleeping along with his younger brother Sitaram Chaudhary (deceased of the case) after taking dinner. At about mid-night some persons jumped from the southern side of the broken wall of the cattle's house. THE informant woke up. At that time a lantern was giving light. THE informant noticed two persons standing near him and others namely Asharaf Mian, Ramayan Yadav, Shobhlayak Yadav and Kedar Yadav were having guns. Sri Kishun Yadav and Bhola Kanu both were having lathi. Shobhlayak Yadav and Kedar Yadav remained standing near the informant who kept mum due to fear. In the meanwhile, the informant noticed Sri Kishun Yadav untying his ox and thereafter, Bhola Kanu was taking the ox. THE informant's younger brother Sitaram Chaudhary woke up and started crying. In the meanwhile, Asharaf Mian and Ramayan Yadav fired from their guns resulting in to death of Sitaram Chaudhary. After hearing sound of gun-firing, villagers Ram Ashish Chaudhary (P.W.1), Beni Madho Tiwary (not examined), Ram Chandra Chaudhary (not examined) etc. came and saw the accused persons escaping. THE fardbeyan of the informant was given in presence of Chandrama Chaudhary (P.W.5) and Ram Ekbal Chaudhary (not examined).

(3.) BEFORE coming to the conclusion, the post-mortem examination report of the deceased is being dealt with. The post-mortem on the person of the deceased was performed on 18.06.1987 by P.W.7 who was posted at Sadar Hospital, Sasaram on the date of the post-mortem examination. The doctor has found multiple lacerated wounds on the face, head, neck and chest wall on various sizes and shapes, varying from 1/4'x1/4'x various depths to 1/8'x1/8'x various depths with charring in front. The nose, mouth, eyes were full of blood clots. Stomach contained four ounces of fluid and blood. No pellet was recovered from the body. The dead body was identified by Constable No. 319 Ram Nagina Pandey (not examined), Chowkidar Sahtu Paswan (not examined) and also Paras Nath Singh (not examined). According to the opinion of the doctor, the death was caused by the explosive injuries. In course of cross-examination, the doctor has further clarified that such injuries which were found on the dead body of the deceased 'are not' possible by gun-shot fire.