RAM SWARCOP YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants along with Naresh Yadav were tried for the offences punishable under Section 307 of the Indian Penal Code, However, since the police did not send up Naresh Yadav for trial, the trial commenced only against the appellants who suffered conviction under Section 307 of the Indian Penal Code and were sentenced to suffer rigorous imprisonment for ten years.

(2.) The factual matrix emerging from the fardbeyan of Krishna Sao P.W. 5 was that on 13th May, 1996 at about 3.00 a.m. while he was sleeping in the Varandah of a temple which was adjacent to his house, he felt some persons pressing is legs and then he got awaken and noticed that while Ram Swarup Yadav had pressed his hand, Naresh Yadav pressed his legs and Dilip Yadav dealt successive blow with knife on him causing multiple injuries on his person. After the alarm was raised by him, the persons of the vicinity assembled. The assailants took to their heels and with these narrations, fardbeyan of Krishna Sao was recorded by the Police Officer of Amas Police Station at Primary Health Centre, Amas and thereafter on the strength of fardbeyan of Krishna Sao first information report was drawn up by Curua police station and investigation commenced. During investigation, the Investigating Officer took various steps for collection of evidences got injured examined by Dr. Baijnath Singh P.W. 6, secured injury report from the doctor and on conclusion of investigation laid charge-sheet before the Court and the appellants were put on trial. In the eventual trialthe procecution examined altogether six witnesses including the doctor police officer and also those who claimed to be ocular witness. The trial Court placing implicit reliance on the testimony of the witnesses rendered verdict of guilt finding the appellants guilty under Section 307 of the Indian Penal Code and sentenced them in the manner stated above.

(3.) Now adverting to the evidences placed on the record one would find Krishna Seo P.W. 5, who was the person who set the police in motion, reiterating is early version which he rendered before the police about he getting awakened when Ram Swarup Yadav pressed his hands and Naresh Yadav pressed his leg. He would state before the Court that pursuant thereto Dilip Yadav dealt successive blows on his person causing injuries in his chest and accipital region of head and also chin. Further evidence was that he was carried to Madanpur hospital where he gained consciousness pursuant to which his statement was recorded by a police officer. Harihar Sao P.W. 1 claimed to have witnessed Ram Swarup Yadav having caught hold of Krishna Sao, when Dilip Yadav gave successive blows on his person by Knife. After he along with his father reached the place of occurrence the appellants took to their heels. He would state that he had taken the injured to the doctor of the village who advised him to take him to the hospital. Though the injured was carried to Amas Hospital, since the doctor was not available, he was carried to Madanpur, where he remained confined in hospital for 15 days and got treatment. The evidence of P.W. 2 Bartu Yadav was more or less in similar tune about witnessing the incident when Naresh and Ram Swarup Yadav caught hold of Krishna Sao and Dilip Yadav gave successive blows on his person by knife. He stated to have carried Krishna Sao to Amas from where he eventually removed to Madanpur where he got treated. Ganesh Yadav P.W. 3 and Karu Sao P.W. 4 rendered their statements in similar terms about they having witnessed Ram Swarup Yadav and Naresh Yadav having caught hold of Krishna Sao, pursuant to which successive blows were given by Dilip Yadav. Mr. Baijnath Singh P.W. 6 who stated to have clinically examined the injured noticed as many as seven incised wounds on different parts of his person which were caused by sharp cutting instrument. This is all the evidences that has been adduced on behalf of the prosecution.