SADHU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants named above have preferred this appeal against the judgment of conviction and order of sentence dated 31st March, 2004 passed in Sessions Trial 210 of 1989/230 of 2001 by the learned Additional Sessions Judge, F.T.C. No. I, Nalanda whereby the appellants have been convicted for the offences under Sections 302/34 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for life.

(2.) The prosecution version relates to a death occurring at about 2.P.M. in the night of 7/8th November, 1988 and on 8.11.1988 at 12.10 PM fard-beyan was given that on the preceding day at 7 P.M. the informant Saudi Das and his Nephew Krishan Prasad had gone to the matrimonial house of the victim Urmila Devi for informant's daughter's send off. When a request was made to the accused persons for sending her to house then it was denied and the informant and his nephew were told to take rest. They slept and at about 2.PM in the night, the informant wake up on hearing the sound of crying. Then he suspected that his daughter was being thrashed inside the house. Thereafter, the informant roused up his nephew and went to the door of Sadhu Yadav. The door was found closed within which his daughter was crying for rescue. The accused Sadhu Yadav and Ramjee Yadav were telling that she would not be left alive. The cry silenced then the accused persons came out. The informant saw these appellants and others, namely, Ramjee Yadav, Satyendra Yadav, Mahendra Yadav were coming out from the room. All the accused persons threatened them for not disclosing the matter any where. On alarm being raised, the villagers Naresh Yadav (not examined), Awadhesh Prasad (PW 5), Brajnandan Yadav (PW 4), and others came. The accused persons fled away. The victim was lying dead on the ground in the courtyard. Allegation in the FIR was that the accused persons were frequently beating Urmila Devi so that she can pressurize her parents for getting a piece of land executed in favour of the accused persons. It was also alleged that the accused persons had administered some intoxicants for the purpose of killing. The information resulted into registration of Silao P.S. Case No. 297 of 1988 dated 8.11.1988. The case was registered under Sections 302/34 of the Indian Penal Code against the appellants. The police investigated into the occurrence and submitted chargesheet. On the basis of chargesheet cognizance was taken. The case was committed to the court of Sessions where the charges were explained to the appellants to which they pleaded not guilty and claimed to be tried.

(3.) The trial Court, after considering the entire evidences available on the record and taking into consideration to the other facts of the case, found the appellants guilty and sentenced them, as stated above.