HARIBOLE YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The four Appellants have preferred this appeal against the order dated 11th April, 1989 passed by learned 5th Additional Sessions Judge, Munger in Sessions Case No. 667 of 1982 arising out of Alauli P.s. Case No. 2 (6) 79 holding them guilty under Section 302/34 of the Indian Penal Code and awarding imprisonment for life.

(2.) The prosecution case, in brief, given in the written information (Ext.2) dated 5.6.1979 by informant Nepali Yadav (P.W.6) is that in the previous night at about 11.00 P.M. one Chandra Shekhar Singh(deceased) was while sleeping at his Kamat on a cot, 10 to 12 persons armed with lathis, bhalas and rods arrived there and assaulted him. He was also chased up to the house of one Gulo Yadav and during course of occurrence, daughter of said Gulo Yadav Dolti Kumari (not examined) also sustained some injuries. On alarm of said Chandra Shekhar Singh, informant Nepali Yadav and other persons namely, Ram Sagar Yadav (P.W.8), Ram Chandra Yadav (not examined) and other villagers arrived there and found Chandra Shekhar Singh in the state of injury and he was brought to his house and was kept on a cot where he disclosed the names of the appellants besides one Sheo Narayan Yadav (died during trial). He succumbed to his injuries at about 5.A.M. in the morning. Under some unavoidable circumstances, the injured could not be brought to Hospital or the police station. It is also the case of the prosecution that Chandra Shekhar Singh was managing the property of his own and his family. His cousin Ram Balak Singh negotiated to transfer two bighas of land in favoaur of Sheo Narayan Yadav at the rate of Rs.5100/- per bigha and Rs.1400/- was paid in advance as earnest money but due to intervention of Chandra Shekhar Singh, the said land was transferred to Ram Sagar Yadav (P.W.8) at the rate of Rs.6000/- per bigha and the earnest money paid in advance was returned to Sheo Narayan Yadav who had developed enmity against Chandra Shekhar Singh and Ram Sagar Yadav and he got also threatened ten days prior to the occurrence by Bindeshwari Yadav.

(3.) On the basis of written information, Alauli P.S.Case No. 2 (6)79 under Sections 147,148,149,447 and 302 of the Indian Penal Code was instituted and after investigation, the police submitted chargesheet against all the five named accused persons and after commitment of the case, they were put on trial during which one of them Sheo Narayan Yadav died. Only four accused persons faced trial and after conviction and sentence passed against them, they preferred this appeal.