SAHRAJ YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present appeal is directed against the judgment and order, dated 18th June, 1987, passed by 7th Additional Sessions Judge, Arrah, in Sessions Trial No. 359 of 1985, by which all the appellants have been convicted under Section 302/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. Appellants Mutur Yadav and Bhurha Yadav have further been convicted under Sec. 148 of the Indian Penal Code and each of them were sentenced to undergo rigorous imprisonment for two years. The rest of the appellants have further been convicted under Sec. 147. of the Indian Penal Code and each of them has been sentenced to undergo rigorous imprisonment for one year.

(2.) THE prosecution case, in short, is that on 05 -11 -1984 at 09.00 a.m. the informants brother Choudhary Yadav (deceased) started from his house for Arrah in connection of his case pending there and when he had reached east of his village and west to the house of one Laxman Yadav, all the accused persons surrounded him and they were armed with lathi, bhala and farsa and started assaulting him. It has been alleged that when the said deceased, Choudhary Yadav, fell down and became senseless, the accused persons dragged him from the place of occurrence field to the front of their house and laid him down there. It has been further alleged that the accused persons also assaulted the deceased in front of their house. The villagers, Sudama Mishra, Laloo Mishra, P.W. 6, and Indradeo Yadav, P.W. 1, arrived where Choudhary Yadav was lying injured, they carried the deceased on a cot to Saraiya. The informant has raised alarm going towards the village out of fear and, thereafter, he also reached Saraiya, The occurrence was seen by P.W. 2, Subedar Yadav, Sudama Mishra and Laloo Mishra, P.W. 6. It has been stated that P.W. 2, Subedar Yadav, Sudama Mishra (not examined), Laloo Mishra, P.W. 6 and P.W. 1 have seen the occurrence. The alleged motive of the occurrence is that there was some dispute between the parties with regard to the land in front of the house of the informant and prior to this occurrence the accused persons had also set fire to the palani of the informant for which a case had been lodged with the police.

(3.) THE fardbeyan of the informant, P.W. 3, Manager Yadav, was recorded at Saraiya in the dispensary of one Dr. Krishna Mohan Singh (not examined), who was a private practioner, where the deceased was first examination treated. On the basis of the fardbeyan the case was initially instituted under Sections 147,148,324,323/ 341 and 307 of the Indian Penal Code but subsequently when Choudhary Yadav (deceased) succumbed to his injuries the Sec. 302 of the Indian Penal Code was further added in the case. After the completion of the investigation charge -sheet was submitted against all the accused persons showing co -accused, Mithilesh Kumar Yadav as absconder.