BALESHWAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals have been directed against the judgment and order of conviction and sentence passed by 3rd Additional Sessions Judge, Munger in Sessions Trial No. 728 of 1990, whereby and whereunder, accused Sheo Kumar Yadav was convicted under Section 302 of the Indian Penal Code and appellants Sheo Kumar Yadav, Baleshwar Yadav and Milan Kumar Yadav were convicted under Sections 302/34 of the Indian Penal Code and all of them were sentenced to undergo rigorous imprisonment for life. In course of pendency of these appeals, the appellant No. 2 Milan Kumar Yadav of Criminal Appeal No. 84 of 1993 died and by order dated 18.1.2000 his appeal stood abated.

(2.) The prosecution case, as per the fardbeyan of the informant, in short, is that on 12.4.1990, the informant, namely, Dharmendra Kumar along with his father Satyanarayan Prasad left the house at 5.45 a.m. and when they reached near "Gumti" of Sonarpatti at about 7.15 a.m., they noticed that accused Baleshwar Yadav, Sheo Kumar Yadav, Parsuram Yadav @ Bablu and Milan Kumar Yadav appeared near the "Gumti" and accused Baleshwar Yadav stopped the cycle of the informant's father after giving order to kill. Whereupon, accused Sheo Kumar Yadav took out a country made pistol and accused Parsuram Yadav and Milan (since dead) caught hold of the handle of the bicycle of informant's father and thereafter accused Sheo Kumar Yadav is alleged to have fired from his country made pistol on the forehead of the informant's father who died instantaneously. The informant, however, fled away towards village Jerbehra and it is stated that the occurrence was witnessed by one Jyoti Prasad who was going to market for distributing milk. It has been alleged that accused persons committed murder of the informant's father because land dispute was going on with them.

(3.) On the basis of the fardbeyan of the informant recorded by S.I. of Kotwali Police Station at 8.00 a.m. on the same day, a case under Section 302/34 of the Indian Penal Code was instituted against all the four accused persons named in the fardbeyan and the Police, after due investigation, submitted charge-sheet under Section 302/ 34 of the IPC and Section 27 of the Arms Act against all the four accused, on the basis of which, cognizance was taken and the case was committed to the Court of Sessions for trial. The trial of the accused Parsuram Yadav was however, separated and sent to the Chief Judicial Magistrate under the Juvenile Justice Act for trial vide order dated 3.11.1992. As such, the remaining three appellants faced the trial and were convicted in the manner, as stated above.