YOGENDRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE instant appeal is directed against the judgment and order dated 12.12.1989, passed by Shri Bhikari Ram, Addl. Sessions Judge -XI, Patna in Sessions Trial No. 638 of 1985 whereby and whereunder he found and held the appellants guilty and convicted them under Section 307 read with Section 34 of the Indian Penal Code (hereinafter referred to as the Code) and sentenced them to undergo regiourous imprisonment for five years each thereunder

(2.) The prosecution case as unfolded in the FIR and the evidence of the prosecution witnesses lay within a narrow compass. The informant, Lal Deo Mahto (PW 2) was at about 8 p.m. in the night on 24.9.1984 sleeping at his house while his father, Rajgir Mahto (PW 4) was keeping watch over his electric pumping set machine at his Boring, situated a little away from his house at village Mahendranager under the jurisdiction of Danapur Police Station of Patna district, Just then, four - 25. five miscreants having armed themselves with lathi and Spear went to the Boring where PW 4 was keeping watch. Detecting the arrival of the miscreants PW 4 raised alarm. Soon the miscreants surrounded him, PW 2, Laldeo Mahto hearing alarm of his father rushed to the scene with torch and lathi He flashed torch light and identified the appellants Yogendra Yadav and Rajendra Yadav as well as Ram Nath Yadav and Singhasan Yadav who were also accused in the case. No sooner 30. had PW 2 arrived at the Boring then the appellant Rajendra Yadav assaulted him with lathi portion of Spear and the appellant Yogendra Yadav gave khanti blow on him as a result of which he sustained injuries on his head and right writs. In the meanwhile, his uncle Doman Mahto (PW 3) reached there and he was also assaulted by the appellants. He sustained injury on his head. Thereafter, the appellant Rajendra Yadav assaulted PW 4 Rajgir Mahto with Spear as a result of 35. which he sustained injury on his abdomen and the appellant Yogendra Yadav gave Khanti blow causing injury below his lips. After sustaining injuries PW 4 got unconscious.

(3.) All the three injured person (PWs 2, 3 and 4) were taken to Bikram Police Station wherefrom they were sent to Bikram Hospital where fardbeyan (Ext. No. 2) of PW 2 was recorded at about 8 a.m. on 25.9.1984. On the basis of the fardbeyan the formal FIR (Ext. No. 3) was drawn up and the case 40. was registered against the appellants as well as Ram Nath Yadav and Singhasan Yadav. The injured persons were examined by Dr. Amrendra Narain Jha (PW 6). Investigation was taken up by PW 5, Jagdish Yadav. After completion of investigation the charge sheet was submitted under Section 307 besides some other sections of the Code against all the four accused persons including the appellants and finally the trial commenced after commitment.