KAPILDEO YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Four accused persons were put on trial by framing charges under sections 302/34 of IPC. Appellant Kapildeo Yadav has distinctly been charged under section 302 of the IPC whereas Chandi Yadav, Khubilal Yadav and Jhengat Gond were charged together under section 379 of the IPC. The trial was held in S.T. No. 249 of 1986 / 27 of 1986 by the learned 2nd Additional Sessions Judge, Gopalganj vide judgment dated 11th August, 1988. While three other accused persons, namely, Chandi Yadav, Khublal Yadav alias Khubilal Yadav and Jhanget Gond were acquitted of the charge of committing the offence under section 302 of the IPC, the present appellant was directed to suffer rigorous imprisonment for life after found guilty of committing that offence. The appellant has brought the present appeal to challenge the above finding of guilt and sentence passed upon them.

(2.) The mother of the deceased Ram Prasad Chauhan, namely, Basmati Devi (P.W. 2) is the informant of the case and she alleged that at about 7.30 P.M. on 14.6.1986, she was taking her son for taking his meals from her cattle shed. When they were going by the ridge of a particular field, this appellant along with acquitted accused are alleged to have appeared there and is further alleged to have hurled a bomb which hit in the face of Ram Prasad Chauhan who was injured and killed on the spot. The present appellant also got injured and fell down on the ground on account of the same explosion. The informant alleged that the villagers took the appellant to hospital while they abandoned her son at the place of occurrence.

(3.) There is no real reason stated by the informant as to why appellant had hurled the bomb and killed her son.